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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 9, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
A. Recognition of Spring 2015 Citizen’s Academy Graduates. PUBLIC SAFETY
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes CITY CLERK
B. Fireworks Display Permit for Muskegon Country Club CITY CLERK
C. 2015-2016 Michigan Municipal League Membership Dues CITY CLERK
D. CDBG Program Administration Agreement – City of Muskegon/City of
Norton Shores PLANNING & ECONOMIC DEVELOPMENT
E. Extension of Vinyl Siding Supplier Contract for Fiscal Year 2015–2016
COMMUNITY AND NEIGHBORHOOD SERVICES DEPARTMENT
F. Extension of Vinyl Siding Installer Contracts for Fiscal Year 2015-2016
COMMUNITY AND NEIGHBORHOOD SERVICES DEPARTMENT
G. Scale for DPW Loader DPW/Equipment
H. City-MDOT Agreement; Latimer Dr. Resurfacing; Port City to Black
Creek ENGINEERING
I. Resolution in Support of Floodplain Management PLANNING &
ECONOMIC DEVELOPMENT
J. Amendment to the City Code of Ordinance – Floodplain Management
ORDINANCE - PLANNING & ECONOMIC DEVELOPMENT
□ PUBLIC HEARINGS:
A. Transmittal of 2015-2016 Proposed Budget CITY MANAGER
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ 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: June 9, 2015
To: Honorable Mayor and City Commissioners
From: Director Jeffrey Lewis
RE: Recognition of Spring 2015 Citizen’s Academy Graduates
SUMMARY OF REQUEST:
RESOLUTION
RECOGNITION OF SPRING 2015 CITIZEN’S ACADEMY GRADUATES
WHEREAS, the City Commission desires to provide citizens with a better understanding
of the functions of law enforcement, dispelling misconceptions and
increasing positive communication between citizens and police; and
WHEREAS, it is the desire of the Muskegon City Commission to encourage cooperation
between the public and law enforcement to positively impact our
communities;
NOW, THEREFORE, BE IT RESOLVED, that the Muskegon City Commission hereby
congratulates and recognizes:
Evan Bluhm Joseph Ingalls Jr.
Amber Carlston Stephanie Johnson
Thomas Clark Tyler LeFear
Sheryl Coleman Brianna Pond
Sandra Dodd Clifford Scott
Floyd Dodd Tyler Slamkowski
Edward Ellesson Celia Strasser
Harvey Donnell Matthew Tripp
Phillip Hirschy
for their faithful attendance, completion and graduation from the 10 week
Spring 2015 Citizen’s Police Academy
Given on behalf of the Muskegon City Commission this 9th day of June, 2015.
__________________________________
Stephen J. Gawron, Mayor
STAFF RECOMMENDATION:
Approve - Director Jeffrey Lewis
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: June 4, 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 a fireworks display at Muskegon Country Club on July 3rd. This is an annual
event hosted by the country club, and it does not conflict with the July 4th fireworks display
planned for Heritage Landing.
c. Approval of our 2015-16 MML Dues. There was a slight increase over last year.
d. Approval of an agreement to continue administering CDBG programing for Norton Shores.
The agreement is similar to those of previous years, except that this agreements calls for a
minimum payment to our City that would be in effect even if Norton Shores’ CDBG funding
was significantly reduced.
e. Approval of our vinyl siding supplier for the 2015-16 and 2016-17 plan years. The supplier
and cost are unchanged from the previous year.
f. Approval of our vinyl siding installer for the 2015-16 and 2016-17 plan years. The supplier
and cost are unchanged from the previous year.
g. Approval of the purchase of a scale for the DPW loader. This scale is necessary to help us
account for the amount of salt being loaded into trucks and used throughout the city.
h. Approval of the MDOT Agreement to resurface Latimer Dr. from Port City to Black Creek.
We should have contractor bids back later this week. If they end up coming in substantially
more than the engineer’s estimate, we will be able to share those new figures are the work
session next week to seek direction as to how the Commission would like to proceed.
i. Resolution in support of floodplain management. As part of Federal requirements to
maintain our city’s property owners’ eligibility for Federal flood insurance, we are required
to pass this Resolution acknowledging that we intend to manage our floodplain areas in the
manner consistent with Federal guidelines/rules.
j. Approval of an amendment to the City code of ordinances related to floodplain
management. Again, this is a required ordinance change in order to maintain our eligibility
for Federal Flood Insurance.
2. New Business
Approval of the 2015-16 Proposed Budget. This will also be on the Work Session agenda,
which is where we plan to make the full presentation to Commissioners. Please bring your
full budget booklets to the Work Session.
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.
Frank Peterson
City Manager
Date: June 9, 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 26th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 26, 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 26, 2015.
Mayor Gawron opened the meeting with prayer from Pastor Tim Cross from
Living Word 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 Johnson, Hood, German, Rinsema-Sybenga, and Turnquist, and
City Clerk, Ann Meisch.
2015- 38 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
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.
B. Muskegon High School Community Officer Agreement. PUBLIC SAFETY
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: None
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.
C. Memorandum of Understanding – Justice Assistance Grant. PUBLIC
SAFETY
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 is 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 the BJA uses
crime data versus population in making these allocation decisions.
The City of Muskegon’s 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.
Motion by Commissioner Hood, second by Commissioner German to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
2015-39 NEW BUSINESS:
A. Amendments to the Zoning Ordinance to Implement Form Based Code.
PLANNING & ECONOMIC DEVELOPMENT
STAFF RECOMMENDATION: 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.
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.
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.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the Amendment to the Zoning Ordinance to implement Form Based Code
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
Absent: Hood
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Johnson to reconsider
the Amendment to the Zoning Ordinance to implement Form Based Code
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
Spataro, and German
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the Amendment to the Zoning Ordinance to implement Form Based Code
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema-
Sybenga, and Turnquist
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Comments were received by the public.
2015-40 CLOSED SESSION: Attorney-Client Privileged Communications and
Property Acquisition.
Motion by Vice Mayor Spataro, second by Commissioner Hood to go into closed
session to discuss Attorney-Client Privileged Communications and Property
Acquisition.
ROLL VOTE: Ayes: Spataro, German, Rinsema-SYbenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Hood to
come out of closed session.
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:59 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC
City Clerk
Date: June 9, 2015
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Fireworks Display Permit for Muskegon Country
Club
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting
approval of a fireworks display permit for July 3, 2015, at the Muskegon
Country Club, 2801 Lakeshore Drive. Fire Marshall Metcalf will inspect
the fireworks on the day of the event.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance.
Date: June 9, 2015
To: Honorable Mayor and City Commissioners
From: Ann Meisch, City Clerk
RE: 2015-2016 Michigan Municipal League
Membership Dues
SUMMARY OF REQUEST: Approval to pay the 2015-2016 MML dues
in the amount of $9,647. This is an increase of $152.
FINANCIAL IMPACT:
MML Dues $8,770
Legal Defense Fund $ 877
Total $9,647
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Commission Meeting Date: June 9, 2015
Date: June 2, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: CDBG Program Administration Agreement- City of
Muskegon/City of Norton Shores
SUMMARY OF REQUEST: The City of Muskegon has contracted with
the City of Norton Shores to administer their Community Development
Block Grant (CDBG) program since 2006. The current Agreement
concludes on June 30, 2015. The new Agreement includes some minor
changes (such as ensuring reporting is consistent with Federal
requirements, liens are recorded, and administration payment be not
less than $22,000), and extends the Agreement for two years (through
June 30, 2017).
FINANCIAL IMPACT: The City of Norton Shores will pay the maximum
allowable CDBG costs per program year to the City of Muskegon
(minimum amount of $22,000), minus $1,000 to administer their CDBG
program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Agreement and
authorize the Mayor and City Clerk to sign.
CDBG Program Administration Agreement
Between the
City of Norton Shores
And
City of Muskegon
An agreement made and entered into this __________ day of __________, 2015, by and between the City
of Muskegon; a Michigan municipal corporation (“Muskegon”), and the City of Norton Shores, a
Michigan municipal corporation (“Norton Shores”), with reference to the following facts;
Background
Norton Shores desires that Muskegon assume responsibilities for the administration of the Norton
Shores’ Community Development and Block Grant (“CDBG”) Program.
Therefore, the parties agree as follows:
1. Administration of CDBG Program. Muskegon agrees to assume responsibility for the
preparation and submission of the following CDBG documents on behalf of Norton Shores:
a. Federal Application 424, narratives, project tables, certifications, Environmental
Summary, Combined Notice of no Significant Findings and Intent to Release Funds.
b. Five-Year Consolidated Plan, Annual Plans, Consolidated Annual Performance and
Evaluation Report, publish hearing notice narratives, reports including performance
measures criteria (using CPMP format).
c. Semi-Annual Labor Standard Enforcement Report (form 4710).
d. Contract and Subcontract Activity Report (form 2516).
e. Prepare CDBG liens for projects, in accordance with HUD guidelines and
regulations, as well as any other applicable Norton Shores requirements.
f. IDIS reporting will be done by the City of Muskegon. Norton Shores will continue
to do its own draw-downs.
g. Compliance with NEPA and Part 58, and the Environmental Certifications
compliance included in HUD Form 7015.15.
Muskegon shall provide a copy of the above reports to Norton Shores upon completion. Norton
Shores will continue to publish its own public notices and record their liens with the County.
2. Terms of CDBG Fund Payments. Muskegon shall submit quarterly payment requests for
release of CDBG funds to Norton Shores’ Finance Department, and Norton Shores shall
remit payment within 10 days of a payment request by Muskegon.
3. Administration Fee. Norton Shores shall pay Muskegon the maximum CDBG allowable
costs minus $1,000 (for legal work, etc.) per program year for administration of CDBG
program, but not less than $22,000. Payment shall be made by way of quarterly payments
beginning on July 1, 2015.
4. Terms of the Contract. The parties agree that this contract shall be effective July 1, 2015
through June 30, 2017. In addition, either party may terminate this Agreement at any time,
and for any reason, upon 45 days written notice to the other party. Upon termination of the
contract, Muskegon shall owe Norton Shores a pro rata return of the unearned Administration
Fee paid to date.
5. Building Inspection. Norton Shores’ Building Inspection Department will perform all
inspections for CDBG projects and submit the inspection reports to Muskegon for inclusion
in the relevant project file.
6. General Provision.
a. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver
by such party of any other provision of this Agreement.
b. Severability. Should any provision of this Agreement be determined to be invalid,
unlawful, or unenforceable in any respect, the validity, legality, and enforceability of
the remaining provisions shall not in any way be impaired or affected.
c. Assignment or Delegation. Neither party may assign all or any portion of its rights
and obligations in this Agreement without the express prior written approval of the
other party which approval may be withheld for any reason.
City of Muskegon City of Norton Shores
By _____________________________ By _____________________________
Stephen J. Gawron, Mayor Gary Nelund, Mayor
By _____________________________ By _____________________________
Ann Marie Cummings, Clerk Lynne A. Fuller, Clerk
Commission Meeting Date: June 9, 2015
Date: June 2, 2015
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
Re: Extension of Vinyl Siding Supplier Contract for Fiscal Year
2015 - 2016
____________________________________________________________
SUMMARY OF REQUEST: To approve the extension of the contract with
Keene Lumber Company to be the Vinyl Siding Supplier for 2015-2016
fiscal year. Keene Lumber has agreed to honor the existing contract price
of $46.95 (forty-six dollars and ninety-five cents) per building square for
both white and color siding.
FINANCIAL IMPACT: Funding will be disbursed from the 2015-2016
Community Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding
Program was approved by the Citizens District Council during the 2015 –
2016 allocation period.
2014-2015 CDBG - Vinyl Siding Suppliers
Bid Results
Item Home Acres Bldg Keene Sethco Average Low High
Per Square (White) $50.00 $46.95 $47.00 $47.98 $46.95 $50.00
Per Square (Color) $51.00 $46.95 $49.00 $48.98 $46.95 $51.00
J-Channel (White) $3.70 $3.80 $3.10 $3.53 $3.10 $3.80
J-Channel (Color) $3.70 $3.80 $3.10 $3.53 $3.10 $3.80
F-Channel (White) $6.07 $5.95 $7.50 $6.51 $5.95 $7.50
F-Channel (Color) $6.07 $5.95 $7.50 $6.51 $5.95 $7.50
Undersill (PC) (White) $3.40 $4.10 $3.40 $3.63 $3.40 $4.10
Undersill (PC) (White) $3.40 $4.10 $3.40 $3.63 $3.40 $4.10
O/S Corner (PC) White $14.00 $14.25 $10.25 $12.83 $10.25 $14.25
O/S Corner (PC) White $14.00 $14.25 $10.25 $12.83 $10.25 $14.25
J-Block (White) $5.30 $5.95 $5.30 $5.52 $5.30 $5.95
J-Block (Color) $5.30 $5.95 $5.30 $5.52 $5.30 $5.95
Recessed J-Block (White) $6.00 $7.75 $5.80 $6.52 $5.80 $7.75
Recessed J-Block (Color) $6.00 $7.75 $5.80 $6.52 $5.80 $7.75
J-Vent (White) $10.25 $15.00 $9.00 $11.42 $9.00 $15.00
J-Vent (Color) $10.25 $15.00 $9.00 $11.42 $9.00 $15.00
Intake Louver (White) $16.75 $17.00 $12.50 $15.42 $12.50 $17.00
intake Louver (Color) $16.75 $17.00 $12.50 $15.42 $12.50 $17.00
10' Starter Strip (Alum) $3.25 $2.95 $3.00 $3.07 $2.95 $3.25
10' Starter Strip (Steel) $3.25 $3.95 $3.61 $3.60 $3.25 $3.95
Soffit 0.19/Solid (White) $13.00 $12.00 $12.80 $12.60 $12.00 $13.00
Soffit 0.19/Solid (Color) $13.00 $12.00 $12.80 $12.60 $12.00 $13.00
Soffit 0.19/Vented (White) $13.00 $12.00 $12.80 $12.60 $12.00 $13.00
Soffit 0.19/Vented (Color) $13.00 $12.00 $12.80 $12.60 $12.00 $13.00
Fascia .024/4' (White) $7.00 $6.99 $6.95 $6.98 $6.95 $7.00
Fascia .024/4' (Color) $7.00 $6.99 $6.95 $6.98 $6.95 $7.00
Fascia .024/6' (White) $8.70 $9.25 $8.95 $8.97 $8.70 $9.25
Fascia .024/6' (Color) $8.70 $9.25 $8.95 $8.97 $8.70 $9.25
Fascia .024/8' (White) $11.00 $11.95 $11.75 $11.57 $11.00 $11.95
Fascia .024/8' (Color) $11.00 $11.95 $11.75 $11.57 $11.00 $11.95
Trim Coil .019 (White) $73.50 $69.50 $65.00 $69.33 $65.00 $73.50
Trim Coil .019 (Color) $73.50 $69.50 $65.00 $69.33 $65.00 $73.50
1 ½” #25 box N/A N/A $25.00 $25.00 $25.00 $25.00
1 ½” #30 box $33.00 $29.95 $20.00 $27.65 $20.00 $33.00
1 ¾" #25 box N/A N/A $25.00 $25.00 $25.00 $25.00
1 ¾" #30 box $34.00 $31.50 $30.00 $31.83 $30.00 $34.00
2" #25 box N/A N/A $25.00 $25.00 $25.00 $25.00
2" #30 box $35.00 $30.95 $30.00 $31.98 $30.00 $35.00
Trim Nails #1 box (White) $7.25 $7.95 $7.00 $7.40 $7.00 $7.95
Trim Nails #1 box (Color) $7.25 $7.95 $7.00 $7.40 $7.00 $7.95
Caulk (White) $5.30 $2.95 $5.00 $4.42 $2.95 $5.30
Caulk (Clear) $5.30 $3.25 $5.00 $4.52 $3.25 $5.30
Caulk (Color) $5.30 $2.95 $5.00 $4.42 $2.95 $5.30
Backerboad (Fanfold) $28.00 $30.00 $25.00 $27.67 $25.00 $30.00
Backerboad (Core board) N/A $30.00 N/A
House Wrap 9'x100' * $56.00 $58.00 $60.00
Typar 9'x100' N/A $111.60 N/A
Tyvek 9'x100' N/A $129.90 N/A
Commission Meeting Date: June 9, 2015
Date: June 2, 2015
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
Re: Extension of Vinyl Siding Installer Contracts for
Fiscal Year 2015 - 2016
____________________________________________________________
SUMMARY OF REQUEST: To authorize Community and Neighborhood
Services to extend the contracts through June 30, 2016 to Mark Tucker
Construction, 1620 Fruitvale Rd., Holton, MI, and Cutting Edge, 766 Chatterson
Road, Muskegon, MI to install vinyl siding at an agreed price of $50.00 (fifty
dollars) per building square for the Vinyl Siding Program’s 2015 – 2016 fiscal
year.
FINANCIAL IMPACT: Funding will be disbursed from the 2015-2016
Community Development Block Grant Vinyl Siding fund up to June 30, 2016.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program
was approved by the Citizens District Council and City Commission during the
2015 – 2016 allocation period.
2014-2015 CDBG - Vinyl Siding Installers
Bid Results
MARK CUTTING SCHMIDT
TUCKER EDGE ROOFING Average Low High
552 W.
1620 Fruitvale 766 Chatterson Southern
Holton, MI Muskegon, MI Muskegon, MI
Siding/Estimate (per sq) $37.00 $50.00 $85.00 $57.33 $37.00 $85.00
Fascia (per ft) $1.00 $1.00 $190.00 $64.00 $1.00 $190.00
Soffit (per ft) $1.00 $1.00 $3.00 $1.67 $1.00 $3.00
Door Wrap (each) $20.00 $25.00 $25.00 $23.33 $20.00 $25.00
Windows Wrap (each) $20.00 $25.00 $25.00 $23.33 $20.00 $25.00
Wood (per ft) $1.00 $1.00 $2.75 $1.58 $1.00 $2.75
Treated Wood/Cedar (per ft) $1.00 $1.00 $3.95 $1.98 $1.00 $3.95
Fan Fold (per sq) $11.00 $10.00 $11.00 $10.67 $10.00 $11.00
Tyvek Cap (per sq) $11.00 $10.00 $11.00 $10.67 $10.00 $11.00
Tyvek Cap (per ft) $1.00 $1.00 $11.00 $4.33 $1.00 $11.00
Date: 6/9/15
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Scale for DPW Loader
SUMMARY OF REQUEST:
Authorize staff to purchase to Purchase (1) Portable scale from Michigan CAT the sole
source provider to match our Loader.
FINANCIAL IMPACT:
$11,648.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase (1) portable scale from Michigan CAT the sole source
provider to match our Loader.
O:\CLERK\Common\Word\Agenda Items for Next Meeting\14_2015portablescaledoc.doc
Date: June 9, 2015
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement;
Latimer Dr. Resurfacing; Port City to Black Creek
SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the resurfacing of Latimer between
Port City & Black Creek and approve the attached resolution authorizing the Mayor
and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT’s participation is limited to the approved federal funds of $240,000. The
estimated total construction cost is $297,500 plus engineering cost.
BUDGET ACTION REQUIRED:
none at this time
STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RESURFACING OF LATIMER FROM PORT CITY BLVD.
TO BLACK CREEK RD. TOGETHER WITH OTHER NECESSARY RELATED
WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J. GAWRON AND
CITY CLERK, ANN CUMMINGS, TO EXECUTE SAID CONTRACT
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 15-5281 between the
Michigan Department of Transportation and the City of Muskegon for the
Resurfacing of Latimer from Port City to Black Creek within the City is in the best
interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 15-5281 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
Adopted this____________day of____________, 2015.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Cummings, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2015. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
By___________________________
Ann Cummings, City Clerk
Commission Meeting Date: June 9, 2015
Date: June 3, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Resolution in Support of Floodplain Management
SUMMARY OF REQUEST:
Request for approval of a resolution in support of floodplain development reporting to the
Federal Emergency Management Agency (FEMA) to be included in the National Flood
Insurance Program (NFIP) for the purposes of significantly reducing flood hazards to
persons, reducing property damage, and reducing public expenditures, and providing
for the availability of flood insurance and federal funds or loans within the city.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the floodplain development resolution.
COMMITTEE RECOMMENDATION:
None
MICHIGAN COMMUNITY RESOLUTION TO
MANAGE FLOODPLAIN DEVELOPMENT
FOR THE NATIONAL FLOOD INSURANCE PROGRAM
WHEREAS, the community of the City of Muskegon in Muskegon County desires to
participate in the Federal Emergency Management Agency’s (FEMAs) National Flood Insurance
Program (NFIP) by complying with the program’s applicable statutory and regulatory
requirements for the purposes of significantly reducing flood hazards to persons, reducing
property damage, and reducing public expenditures, and providing for the availability of flood
insurance and federal funds or loans within its community, and
WHEREAS, the NFIP requires that floodplain management regulations must be present
and enforced in participating communities, and utilize the following definitions which also apply
for the purposes of this resolution:
1. Flood or Flooding means:
a. A general and temporary condition of partial or complete inundation of normally dry
land areas from: 1) the overflow of inland or tidal waters, 2) the unusual and rapid
accumulation or runoff of surface waters from any source, 3) mudflows, and
b. The collapse or subsidence of land along the shore of a lake or other body of water as
a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of
nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding, as defined in paragraph (a)(1) of
this definition.
2. Flood Hazard Boundary Map (FHBM) means an official map of a community, as may
have been issued by the FEMA, where the boundaries of the flood, mudslide (i.e.,
mudflow) related erosion areas having special hazards have been designated as Zone A,
M, and/or E.
3. Floodplain means any land area susceptible to being inundated by water from any source
(see definition of flooding).
4. Floodplain management means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management regulations.
5. Floodplain management regulations means zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance and erosion control ordinance), and other applications of
police power that provide standards for the purpose of flood damage prevention and
reduction.
6. Structure means a walled and roofed building that is principally above ground, gas or
liquid storage facility, as well as a mobile home or manufactured unit.
2 NFIP MI MOD ORD non-computer fill-in, UPDATED 4/5/2011
WHEREAS, the Stille-Derossett-Hale Single State Construction Code Act”, Act No. 230
of the Public Acts of 1972, as amended (construction code act), along with its authorization of
the state construction code composed of the Michigan Residential Code and the Michigan
Building Code [and its Appendices (specifically Appendix G)] and the Michigan Rehabilitation
Code for Existing Buildings contains floodplain development and management regulations that
comply with the FEMA NFIP minimum floodplain management criteria for flood prone areas, as
detailed in Title 44 of the Code of Federal Regulations (44 CFR), Section 60.3, and
WHEREAS, by the action dates of this document or an existing historical ordinance
adoption action dated June 9, 2015, the community affirms/accepted the responsibility to
administer, apply, and enforce the provisions of the construction code act and the state
construction code, specifically the Michigan Residential Code and the Michigan Building Code,
to all construction within its community boundaries, and
NOW THEREFORE, to maintain eligibility and continued participation in the NFIP,
1. The community directs its construction code act designated enforcing agency, The
Planning Department, to administer, apply, and enforce the floodplain management
regulations as contained in the state construction code (including Appendix G) and to be
consistent with those regulations by:
a. Obtaining, reviewing, and reasonably utilizing flood elevation data available from
federal, state, or other sources pending receipt of data from the FEMA to identify the
flood hazard area and areas with potential flooding.
b. Ensuring that all permits necessary for development in floodplain areas have been
issued, including a floodplain permit, approval, or letter of no authority from the
Michigan Department of Environmental Quality under the floodplain regulatory
provisions of Part 31, "Water Resources Protection," of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended.
c. Reviewing all permit applications to determine whether the proposed building sites
will be reasonably safe from flooding. Where it is determined that a proposed
building will be located in a flood hazard area or special flood hazard area, the
construction code act enforcing agent shall implement the following applicable codes
according to their terms:
1. Floodplain management regulation portions and referenced codes and standards
of the current Michigan Residential Code.
2. Floodplain management regulation portions and referenced codes and standards
of the current Michigan Building Code.
3. Appendix G of the current Michigan Building Code.
4. Floodplain management regulation portions and referenced codes and standards
of the current Michigan Rehabilitation Code for Existing Buildings.
d. Reviewing all proposed subdivisions to determine whether such proposals are
reasonably safe from flooding and to ensure compliance with all applicable floodplain
management regulations.
e. Assisting in the delineation of flood hazard areas; providing information concerning
uses and occupancy of the floodplain or flood-related erosion areas, maintaining
3 NFIP MI MOD ORD non-computer fill-in, UPDATED 4/5/2011
floodproofing and lowest floor construction records, cooperating with other officials,
agencies, and persons for floodplain management.
f. Advising FEMA of any changes in community boundaries, including appropriate
maps.
g. Maintaining records of new structures and substantially improved structures
concerning any certificates of floodproofing, lowest floor elevation, basements,
floodproofing, and elevations to which structures have been floodproofed.
2. The community assures the Federal Insurance Administrator (Administrator) that it
intends to review, on an ongoing basis, all amended and revised FHBMs and Flood
Insurance Rate Maps (FIRMs) and related supporting data and revisions thereof and
revisions of 44 CFR, Part 60, Criteria for Land Management and Use, and to make such
revisions in its floodplain management regulations as may be necessary to continue to
participate in the program.
3. The community further assures the Administrator that it will adopt the current effective
FEMA Flood Insurance Study (FIS), FHBMs, and/or the FIRMs by reference within its
Floodplain Management Map Adoption Ordinance or similarly binding ordinance
documentation.
Community: ___________________________ Date Passed: _____________________
Officer Name: ___________________________ Title: ___________________________
Signature: ___________________________ Date: ___________________________
Witness Name: ___________________________ Title: ___________________________
Signature: ___________________________ Date: ___________________________
4 NFIP MI MOD ORD non-computer fill-in, UPDATED 4/5/2011
Commission Meeting Date: June 9, 2015
Date: June 3, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the City Code of Ordinance – Floodplain
Management
SUMMARY OF REQUEST:
Staff initiated request to amend the City Code of Ordinances to include a floodplain
management ordinance, which is a new requirement by the Federal Emergency
Management Agency (FEMA) as part of adoption of the new Flood Insurance Rate
Maps that will be effective July 6, 2015. The Planning Department will serve as the
designated enforcement agency.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the floodplain management ordinance.
COMMITTEE RECOMMENDATION:
None
ORDINANCE ADDRESSING FLOODPLAIN MANAGEMENT PROVISIONS
OF THE STATE CONSTRUCTION CODE
Community Name: City of Muskegon, County: Muskegon
Ordinance number _________________
An ordinance to designate an enforcing agency to discharge the responsibility of the City
of Muskegon located in Muskegon County, and to designate regulated flood hazard areas under
the provisions of the State Construction Code Act, Act No. 230 of the Public Acts of 1972, as
amended.
The City of Muskegon ordains:
Section 1. AGENCY DESIGNATED. Pursuant to the provisions of the state
construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as
amended, the Planning Department of the City of Muskegon is hereby designated as the
enforcing agency to discharge the responsibility of the City of Muskegon under Act 230, of the
Public Acts of 1972, as amended, State of Michigan. The City of Muskegon assumes
responsibility for the administration and enforcement of said Act through out the corporate limits
of the community adopting this ordinance.
Section 2. CODE APPENDIX ENFORCED. Pursuant to the provisions of the state
construction code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as
amended, Appendix G of the Michigan Building Code shall be enforced by the enforcing agency
within the jurisdiction of the community adopting this ordinance.
Section 3. DESIGNATION OF REGULATED FLOOD PRONE HAZARD AREAS. The
Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled
“Muskegon County, Michigan (All Jurisdictions)” and dated July 6, 2015 and the Flood
Insurance Rate Map(s) (FIRMS) panel number(s) of 26121C; 0144D, 0163D, 0164D, 0165D,
0252D, 0254D, 0256D, 0257D, 0258D, 0259D, 0276D, 0277D, 0278D, 0279D, and 0285D
dated 7/6/2015 are adopted by reference for the purposes of administration of the Michigan
Construction Code, and declared to be a part of Section 1612.3 of the Michigan Building Code,
and to provide the content of the “Flood Hazards” section of Table R301.2(1) of the Michigan
Residential Code.
Section 4. REPEALS. All ordinances inconsistent with the provisions of this ordinance
are hereby repealed.
Section 5. PUBLICATION. This ordinance shall be effective after legal publication and
in accordance with the provisions of the Act governing same.
Adopted this 9th day of June, 2015.
This ordinance duly adopted on June 9, 2015 at a regular meeting of the City Commission of the
City of Muskegon and will become effective June 19, 2015.
Signed on _________ by ________________________________, Ann Cummings,
Clerk of the City of Muskegon.
Attested on _________ by ________________________________, Stephen J.
Gawron, Mayor of the City of Muskegon
2 NFIP MI MOD ORD non-computer fill-in, UPDATED 4/5/2011
Commission Meeting Date: June 9, 2015
Date: June 3, 2015
To: Honorable Mayor and City Commissioners
From: City Manager
RE: Transmittal of 2015-16 Proposed Budget
SUMMARY OF REQUEST: At this time staff is transmitting to the City
Commission the proposed budget for fiscal year 2015-16 which starts July 1, 2015.
Both hardcopy and electronic versions of the budget have been distributed to
Commissioners. Additionally, the budget is available for public inspection on the
City’s website and at the City Clerk’s office or Hackley Public Library.
The proposed budget will be reviewed in detail with staff at the June 8th work session.
A public hearing on the budget will be held at the regular Commission meeting the
following evening on June 9th. City ordinance requires that the budget be adopted by
the Commission on or before the second Commission meeting in June.
FINANCIAL IMPACT: The budget is the City’s financial plan for the coming fiscal
year.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the proposed budget for fiscal year
2015-16.
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