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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 22, 2011
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Lease Proposal for MACkiteboarding at Pere Marquette Park. PUBLIC
WORKS
C. City – MDOT Agreement for the Reconstruction of Temple Street, Young
to Laketon. ENGINEERING
D. City – MDOT Agreement for the Reconstruction of Getty Street, Laketon
to Evanston. ENGINEERING
E. Amend Chapter 30 of the Code of Ordinances – Fire Prevention.
PUBLIC SAFETY
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
A. SECOND READING: Amendment to the Zoning Ordinance – Medical
Marihuana Facilities. PLANNING & ECONOMIC DEVELOPMENT
B. SECOND READING: Amendment to the City Code of Ordinances –
Medical Marihuana Regulation and Licensing. PLANNING &
ECONOMIC DEVELOPMENT
NEW BUSINESS
A. Contract for Assessing Services. FINANCE
B. 2011-2012 Healthcare & Wellness Program. FINANCE
C. 2011-2012 CDBG/HOME Recommendations. COMMUNITY &
NEIGHBORHOOD SERVICES
D. Civil Service Budget Adjustment. CITY MANAGER
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date: March 22, 2011
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the March 7th
Commission Worksession Meeting and the March 8th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, March 7, 2011
5:30 p.m.
City Commission Chambers
MINUTES
2011-13
Present: Mayor Warmington, Vice Mayor Gawron, Commissioners Spataro, Wierengo,
Wisneski, Carter, and Shepherd.
Lakeshore Baseball Club’s Request to Maintain Campbell Field.
Jim Grevel from the Lakeshore Baseball Club explained their request to maintain the baseball
fields at Campbell Field. Bob Richardson representing West Michigan Little League stated that
they are confident that they can work together.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve Lakeshore
Baseball Club’s request to maintain Campbell Field based on approval of staff.
MOTION PASSES
Easements – Consumers Energy Company.
Consumers Energy Company is seeking four easements from the City of Muskegon for its
Muskegon-Cobb #1 and #2 line relocation projects. The project objective is to relocate five High
Voltage Distribution lines that currently exist in the wetlands area East of Consumers Energy’s
Cobb Generation Plant, to a location out of a wetlands area. This is being done to facilitate
access, which could reduce the size and duration of the outages, should an event in the area
damage these lines. Access is currently limited, due to changing environmental restrictions.
William Carlson and Pete from Consumers Energy Company explained the request and answered
questions. This will be voted on at the March 8th City Commission Meeting.
Amendment to the City Code of Ordinances – Medical Marihuana Regulation and
Licensing.
Mike Franzak explained the item. Discussion was held and comments were heard. This will be
discussed further at the Public Hearing on the March 8th City Commission Meeting.
Adjournment.
Motion by Commissioner Carter, second by Commissioner Shepherd to adjourn at 7:06
p.m.
MOTION PASSES
________________________
Ann Marie Becker, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 8, 2011
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, March 8,
2011.
Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from the Evanston Avenue Baptist 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 Warmington, Vice Mayor Stephen Gawron,
Commissioners Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2011-14 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, February 22, 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Purchasing Cards. FINANCE
SUMMARY OF REQUEST: The City has used purchasing cards since 1994 as a
means to streamline purchasing and vendor payment processes. The State of
Michigan recently negotiated its P-card program with Bank of America and is
extending the contract to other units of government through the MiDeal joint
purchasing program. The state program offers substantial benefits over our
current arrangement with 5/3 Bank:
• Higher rebates – Currently we receive a fixed 1% rebate on P-card
purchases. This rebate generates about $35,000 annually. Under the
state program, our purchasing volume is pooled with the state and other
members of the program. Currently, rebates would be about 1.38% and
would grow as additional members join the program.
• User interface – The current card management user interface is not user
friendly and has caused some staff dissatisfaction. Staff has worked
through a demonstration of the interface for the state P-card and found it
to be superior in terms of usability and functionality.
FINANCIAL IMPACT: The change will generate an estimated $13,000 in
additional rebates that will grow further as program membership increases. Staff
efficiencies will be realized from the more user-friendly P-card management user
interface. Finally, the City benefits because the state has borne the costs of the
RFP and due diligence process.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to execute documents needed to
join the state P-card program.
F. Liquor License Request for Watermark Banquet and Conference Center,
920 Washington. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Watermark Banquet and Conference
Center, LLC, 920 Washington Street to amend initial forms to Enlarge Outdoor
Service Area and Drop One Additional Bar Permit for a total of 3 bars.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Departments are recommending approval with
zoning issues to be worked out.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus items C, D, and E.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
2011-15 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Amendment to the Zoning Ordinance – Medical Marihuana Facilities.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 1500 (Principle
Uses Permitted) of Article XV (I-2, General Industrial Districts) of the zoning
ordinance to allow medical marihuana caregiver facilities as a principal use
permitted in I-2, General Industrial 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 February 10th meeting.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the amendment to the zoning ordinance as presented regarding
medical marihuana facilities.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, and
Gawron
Nays: Shepherd
MOTION PASSES – REQUIRES SECOND READING
D. Application for Special License (Liquor Control Commission). PUBLIC
SAFETY
SUMMARY OF REQUEST: The Muskegon Museum of Art has submitted an
application for a Special License for Beer, Wine and Spirits for Consumption on
the Premises for the following events:
• Reception April 29, 2011
• Gala Dinner June 11, 2011
• Reception November 18, 2011
The Museum meets all of the requirements for the special license with the
exception of the request for “spirits”. Commission policy dictates that any
special license request which includes spirits must be considered and approved
by the body.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff has no recommendation.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the application for special liquor license for the Muskegon Museum of Art but not
include the request for spirits for consumption so that we are consistent with our
other special liquor license requests.
ROLL VOTE: Ayes: Spataro
Nays: Warmington, Wierengo, Wisneski, Carter, Gawron, and
Shepherd
MOTION FAILS
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the application for a special liquor license for the Muskegon Museum of Art
which includes beer, wine and spirits.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
E. Request from Consumers Energy for Easements. ENGINEERING
SUMMARY OF REQUEST: Consumers Energy Company is seeking four easements
from the City of Muskegon for its Muskegon-Cobb #1 and #2 line relocation
projects. The project objective is to relocate five High Voltage Distribution lines
that currently exist in the wetlands area East of Consumers Energy’s Cobb
Generation Plant, to a location out of a wetlands area. This is being done to
facilitate access, which could reduce the size and duration of the outages,
should an event in the area damage these lines. Access is currently limited, due
to changing environmental restrictions.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request from Consumers Energy for the Easements as described.
Motion by Commissioner Spataro, second by Commissioner Wierengo to amend
motion to include the requirement for staff and attorney review before the Mayor
and City Clerk sign the easements.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2011-16 PUBLIC HEARINGS:
A. Request to Repeal Existing Historic Preservation Ordinance. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to repeal Chapter 38, Article II of
the Code of Ordinances of the City of Muskegon. The ordinance will be
replaced with an updated version.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To repeal the existing ordinance.
COMMITTEE RECOMMENDATION: The Historic District Commission
recommended to repeal the current ordinance at their February 1st meeting.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the request to repeal the existing historic
preservation ordinance.
ROLL CALL: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
B. Request to Amend Chapter 38, Article III of the Code of Ordinances,
Historic District Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Chapter 38, Article III of
the City Code of Ordinances to approve a new historic preservation ordinance.
The new ordinance will meet the State of Michigan Historic Preservation Office
standards and make Muskegon historic district residents eligible for historic
building restoration tax credits.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposed ordinance.
COMMITTEE RECOMMENDATION: The Historic District Commission
recommended to approve the new historic district ordinance at their February
1st meeting.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Spataro, second by Commissioner Wierengo to close
the Public Hearing and approve the request to amend Chapter 38, Article III of
the Code of Ordinances, Historic District Ordinance.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
C. Amendment to the City Code of Ordinances – Medical Marihuana
Regulation and Licensing. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Chapter 34, Article IV of
the Code of Ordinances to regulate and license certain aspects of medical
marihuana cultivation, use and distribution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the ordinance amendment.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from David Keenan, 4255 Squaw Creek Trail,
Muskegon; Jarred Foster, 10954 Mt. Ash Avenue, Grand Rapids; and Attorney
Kevin Wester and Derek Antol, Greater Michigan Compassion Club, 1504
Montgomery.
Motion by Commissioner Spataro, second by Commissioner Carter to close the
Public Hearing and approve the amendment to the City Code of Ordinances
regarding medical marihuana regulation and licensing.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierengo, Wisneski, and
Carter
Nays: Shepherd
MOTION PASSES – REQUIRES SECOND READING
D. 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 22,
2011, 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. Comments were heard from Jennifer Osborn, 3125 Tule Street NW,
Grand Rapids from CJ’s on the Beach.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing and approve the recommendation as presented for annual
renewal of liquor licenses.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
2011-17 UNFINISHED BUSINESS:
A. SECOND READING: Amendment to the Zoning Ordinance – Outdoor
Lighting. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend Section 2331
(Landscaping, Fencing, Walls, Screens and Lighting) of Article XXIII (General
Provisions) of the zoning ordinance to modify the guidelines on outdoor lighting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their February 10th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the amendment to the Zoning Ordinance affecting outdoor lighting.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
B. SECOND READING: Rezoning Request for the Property Located at 1221
W. Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to rezone the property at 1221 W.
Laketon Avenue from RM-2, Medium Density Multiple Family Residential District
to R-1, Single Family Residential District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their February 10th meeting.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the rezoning request for the property located at 1221 W. Laketon Avenue from
RM-2 to R-1.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
Spataro
Nays: Wisneski
MOTION PASSES
2011-18 NEW BUSINESS
A. Five-Year Consolidated Plan. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To allow CNS staff to publish a summary of the 2011–
2016 City of Muskegon Five-year Consolidated Plan for citizen review for not less
than 30 days. A public notice will solicit comments on our proposed plan.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: We are requesting to direct the CNS office to publish
a summary of the 2011-2016 City of Muskegon Five-year Consolidated Plan.
Motion by Vice Mayor Gawron, second by Commissioner Carter to direct the
CNS office to publish a summary of the 2011-2016 City of Muskegon Five-year
Consolidated Plan.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:31 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
AGENDA ITEM NO._____________
CITY COMMISSION MEETING ___________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: March 22, 2011
SUBJECT: Lease Proposal for MACkiteboarding at Pere Marquette Park
SUMMARY OF REQUEST:
Staff is asking permission to enter into 3-year contractual agreement with Steve Negen of
MACkiteboarding for a Kiteboard School and Shop in Pere Marquette Park at 1955 Beach Street
(former old brown/brick beach house building by Filtration Plant).
FINANCIAL IMPACT:
Revenue will be $2,500 per year for 2011, 2012 and 2013 contract years. Lessee also agrees to
provide a Handicapped Restroom outside of building.
Previous 3 year contract revenue was $2,500 per year for the 2008, 2009, and 2010 seasons.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve request.
COMMITTEE RECOMMENDATION:
MACkiteboarding Lease Proposal
Property :
1955 Beach St, Muskegon Mi
Rate: $2,500 per year
Extra – Handicapped Portable Restroom outside of the building
Duration: 3 years
Steve Negen
President ‐ MACkiteboarding
Date: March 22, 2011
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement for the reconstruction of:
Temple Street, Young to Laketon
SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the reconstruction of Temple Street
from Young to Laketon. And approve the attached resolution authorizing the Mayor
and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT’s participation is limited to the TEDF- A (state funds) of $139,003. The
estimated total construction cost is $175,000.
BUDGET ACTION REQUIRED:
None at this time as this project appears in the 2010/2011 budget (2nd reforecast)
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 RECONSTRUCTION OF TEMPLE STREET BETWEEN
YOUNG AVE. & LAKETON AVE. TOGETHER WITH OTHER NECESSARY
RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J.
WARMINGTON AND CITY CLERK, ANN BECKER, 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. 11-5111 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Temple Street between Young Ave. & Laketon Ave. within the
City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 11-5111 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____________, 2011.
BY
Stephen J. Warmington, Mayor
ATTEST
Ann Becker, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2011. 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 Becker, City Clerk
Date: March 22, 2011
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement for the reconstruction of:
Getty Street, Laketon to Evanston
SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the reconstruction of Getty Street from
Laketon to Evanston. And approve the attached resolution authorizing the Mayor
and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT’s participation is limited to the TEDF-F (state funds) of $375,000. The
estimated total construction cost is $1,000,000 which is different than what is shown
in the agreement of $525,000. The agreement figure of $525,000 was based on a
milling and resurfacing construction method which has since been deemed as not
appropriate due to underground work among other reasons.
BUDGET ACTION REQUIRED:
Due to higher than originally anticipated required local match, it is likely the city
need to issue MTF bonds for this and other grant funded street projects. A
potential bond issue was included in the 2010/2011 budget but was deferred.
This project, if approved, will be included in the 2011/2012 budget.
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 RECONSTRUCTION OF GETTY STREET BETWEEN
LAKETON AVE. & EVANSTON TOGETHER WITH OTHER NECESSARY
RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J.
WARMINGTON AND CITY CLERK, ANN BECKER, 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. 11-5108 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Getty Street between Laketon & Evanston within the City is in
the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 11-5108 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____________, 2011.
BY
Stephen J. Warmington, Mayor
ATTEST
Ann Becker, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2011. 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 Becker, City Clerk
City Commission Meeting
Tuesday March 22, 2011
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: March 15, 2011
SUBJECT: Amend Chapter 30 of the Code of Ordinances-Fire Prevention
________________________________________________________________________
Summary of Request:
The Director of Public Safety is requesting that the City Commission amend Chapter 30
of the Code of Ordinances concerning Fire Prevention and Protection. This includes the
adoption of the 2009 International Fire Code.
Financial Impact:
None
Budget Action Required:
None
Staff Recommendation:
Approval of the request.
City of Muskegon
Muskegon County, Michigan
ORDINANCE NO. _______
The City Commission of the City of Muskegon hereby ORDAINS:
Chapter 30 of the Code of Ordinances of the City of Muskegon concerning the Fire
Prevention Code is amended, as follows:
1. Section 30-191 shall be amended to read as follows:
Adoption.
The city hereby adopts the International Fire Code, 2009 edition, including all
appendices thereto, except for Appendix A which is not adopted, as published by the
International Code Council, as the Fire Code of the City of Muskegon, in the State of Michigan.
The International Fire Code regulates and governs the safeguarding of life and property from fire
and explosion hazards arising from the occupancy of buildings and premises; provides for the
issuance of permits and collection of fees therefore; and each and all of the regulations,
provisions, penalties, conditions, and terms of the International Fire Code on file in the office of
the City of Muskegon are hereby referred to, adopted, and made a part hereof, as if fully set out
in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in this
ordinance. Copies of the International Fire Code are on file in the office of the City Clerk of the
City of Muskegon, and the code is made a part hereof as if fully set forth in this article.
If any conflict exists between any provision in the International Fire Code and a provision
in the Michigan Building Code, the Michigan Building Code, 2009 edition, shall prevail.
This ordinance adopted:
Ayes:
Nays:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By:________________________________
Ann Marie Becker, 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 22nd day of March, 2011, 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 Act No. 267, Public Acts of Michigan of 1976, as
amended, and the minutes were kept and will be or have been made available as required
thereby.
Dated: ____________, 2011
____________________________________
Ann Marie Becker, MMC
City Clerk
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on March 22, 2011, the City Commission of the City of Muskegon
adopted Chapter 34, Sections 34-101 through 34-114 of the Muskegon City Code concerning
Medical Marihuana Regulation and Licensing, summarized as follows:
1. Section 34-101 articulates the Intent of the Ordinance to Regulate and License Certain
Aspects of Medical Marihuana Cultivation, Use and Distribution.
2. Section 34-102 provides the definitions of various terms used in the Ordinance to
Regulate and License Certain Aspects of Medical Marihuana Cultivation, Use and
Distribution.
3. Section 34-103 provides the Findings and Declaration of Facts which are the basis for the
Ordinance to Regulate and License Certain Aspects of Medical Marihuana Cultivation,
Use and Distribution.
4. Section 34-104 prohibits distribution centers.
5. Section 34-105 permits the cultivation of marihuana by a qualified patient, with no
licensing requirement. Distribution of marihuana by a qualified patient is prohibited.
6. Section 34-106 permits caregivers, pursuant to a City of Muskegon license, to cultivate
and distribute marihuana to a qualified patient pursuant state law.
7. Section 34-107 provides the application process for obtaining permission to act as a
caregiver in the City of Muskegon.
8. Section 34-108 establishes the requirements and standards for approval of licensure and
activity permitted by a caregiver.
9. Section 34-109 permits establishing other conditions for caregivers.
10. Section 34-110 establishes land use restrictions relating to medical marihuana.
11. Section 34-111 provides a process for existing medical marihuana facilities to comply
with City ordinances or a period of time to cease operating.
12. Section 34-112 provides restrictions on the distribution of marihuana.
13. Section 34-113 provides the penalty for violating the Ordinance to Regulate and License
Certain Aspects of Medical Marihuana Cultivation, Use and Distribution.
O:\CLERK\POTTER\WORD\City Commission Agenda\City Code of Ordinances - Medical Mearijuana.DOC
13
Date: March 22, 2011
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Contract for Assessing Services
SUMMARY OF REQUEST: Since 1999, the City has contracted with the Muskegon County
Equalization Department for assessing services. The closure of the Sappi plant together with general tax
base loss changed the City’s required assessor status from Level IV to Level III. This caused staff to
explore whether taking the assessing function back in-house might be cost effective. However, after in-
depth discussions with the County, we have reached a new five-year agreement that continues the current
intergovernmental service model while achieving the City’s cost goals. The proposed agreement is
presented here for your consideration.
FINANCIAL IMPACT: The base cost for the proposed contract is $344,367 with yearly adjustments
based on the growth (decline) in the City’s taxable value. The base cost for the current contract is
$459,300.
BUDGET ACTION REQUIRED: Agreed to costs for assessing services will be included in the
forthcoming 2011-12 budget. The City will see reduced costs for the last quarter of the 2010-11 fiscal year
which will be incorporated in the upcoming budget reforecast.
STAFF RECOMMENDATION: Authorize staff to execute documents with Muskegon County for
continued provision of assessing services.
COMMITTEE RECOMMENDATION: None.
1
AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND
MUSKEGON COUNTY BOARD OF COMMISSIONERS
THIS AGREEMENT, entered into as of the first day of April 2011, between the
City of Muskegon, a municipal corporation, by its City Commission, hereinafter referred
to as “Municipality”, and the County of Muskegon, by its Board of Commissioners,
hereinafter referred to as the “County”, is as follows:
PURPOSE
The purpose of this Agreement is to provide for a property assessment
administration program to be administered by the County Equalization Director, or
designated representative, which will list, appraise, and maintain a complete set of
records for all real and personal property, subject to ad valorem taxation, specific taxes,
in-lieu-of tax agreements within the Corporate limits of the Municipality, pursuant to
Public Act No. 160 of 1972.
TERM AND TERMINATION
The agreement shall commence April 1 of 2011, and terminate March 31, 2016,
provided that either party may terminate the Agreement on March 31 of each year upon
one year prior written notice. The notice shall be sent by certified mail to the County
Equalization Director if terminated by the Municipality. The notice shall be sent by
certified mail to the City Manager if terminated by the County.
I. The County agrees to perform the services and provide the materials set forth herein.
A. SCOPE OF SERVICE – To classify and appraise, according to the
constitution and laws of the State of Michigan, each parcel of real property within the
confines of the Municipality and process all assessable personal property that is in the
Municipality, and use the methods prescribed by the Michigan State Tax Commission.
The Equalization Department will provide an assessment roll that will equal the tentative
State Equalized Values for each classification of property. The final factor will be
determined by the action of the Municipality’s Board of Review and the process of state
equalization as determined by the State Tax Commission. Exhibit A outlines the full
scope of services provided to the City.
B. QUALIFIED STAFF - All County employees engaged in the performance of
this Agreement shall be professional in manner and appearance, and be trained in
property appraisal techniques. The assessor shall be certified by the State Tax
Commission, as required for the Municipality’s size and State Equalized Value.
C. EQUIPMENT AND SUPPLIES - The County will provide all
equipment and supplies needed for the routine performance of its duties without
additional expenses, except as otherwise set forth herein.
D. Maps and Records – The Municipality shall provide current land use
maps, zoning maps, and shall make available any records or data which may be of
use in making the appraisal, without cost to the County. The County has
implemented a GIS system in which mapping data is maintained. The GIS system is
addressed in sub-point “M” of this agreement.
E. APPRAISAL MANUALS/SCHEDULES - The current Michigan State
Tax Commission Assessor’s Manuals shall be the cost schedules used in the
appraisal of all properties. All cost schedules shall be indexed to reflect current
costs as of Tax Day.
F. RECORD CARDS - The County will maintain the master file at a
specified location. The master file shall become the property of the Municipality
when delivered.
G. PUBLIC RELATIONS – Both parties recognize that good public
relations are vital to the success of the assessment administration program. During
the terms of this Agreement, County employees shall endeavor to promote
understanding and amicable relations with all members of the public. County Staff
will be assigned by the Equalization Director to report at the designated Municipal
Building when necessary to conduct their duties, interact with Municipal Staff,
attend meetings, and promote community relations.
H. PROPERTY OWNER NOTIFICATION AND OFFICIAL
STATEMENTS – It shall be the responsibility of the County to notify all property
owners annually of assessed and taxable values, as provided by law, whether values
increase or decrease, as well as distribute personal property statements and other
official forms.
I. ASSESSMENT ROLL - The County shall prepare the assessment roll
and certify the same for the Municipality in a timely manner.
J. BOARD OF REVIEW - County Staff will advise and assist the
Municipality’s Board of Review in preparing for, conducting, and implementing
any changes resulting from the required meeting of the Board.
K. APPEALS AND OTHER FUNCTIONS - The County Equalization
Director or designated representative shall represent the Municipality in all property
assessment appeals and in proceedings before the Tax Tribunal concerning
properties under this Agreement. The Municipality shall designate and provide the
legal services for such appeals or proceedings filed during the existence of this
agreement; however, costs or expenses which may be incurred by the County in
employing additional counsel, expert appraisers, or performing extraordinary
specific appraisal work in connection with such appeals, proceedings, or other
functions shall be paid by the Municipality provided that the Equalization Director
seeks and obtains approval from the Municipality prior to incurring such costs or
expenses. Any counsel retained to handle appeals shall work under the direction of
the Equalization Director. Additionally, should either party terminate this
agreement, the County or designated representative shall represent the Municipality
in all property assessment appeals and in proceedings filed during the existence of
this agreement. The fee shall be $75.00 per hour for preparation, appearance, and
travel after termination of the agreement. The fee should be multiplied by the
current year’s Inflation Multiplier (as determined by the Consumer Price Index,)
effective October 1, 2011, and adjusted annually in this manner on this date for
every year thereafter.
L. COMPUTERIZED APPRAISALS AND INFORMATION
TECHNOLOGY – The County will provide staff, equipment, and software to
maintain electronic property records using a computer assisted mass appraisal
system. Assessment administration, including digital photography and sketching,
as well as general business application software shall be supplied by the County.
All property information shall adhere to the requirements of the County Wide Area
Network and its specifications. The records will be utilized for annual valuation
updates. The County may request the assistance of designated staff of the
Municipality to determine proper neighborhoods for market value determinations.
The County will ensure that the assessment records reflect the property’s true cash
value, assessed valuation, and taxable valuation to be utilized for any property tax
calculations in accordance with applicable General Property Tax Law requirements.
The computer assisted mass appraisal system and its attributes shall become the
property of the Municipality upon termination of this agreement.
Additionally, the County and The Municipality shall participate in an electronic
building permit system that will transfer such data to the computer aided assessment
administration system without modification or hesitation. The system and its
attributes shall be determined by the County.
M. Geographical Information Systems – The County and The
Municipality have implemented a geographical information system. An
independent formal mutual agreement governs this function.
N. SPECIAL ASSESSMENTS - Special assessment benefit analyses, roll
preparation, processing, and related reports will be provided by the County when
formally requested. The fee shall be $75.00 per hour. The fee should be multiplied
by the current year’s Inflation Rate Multiplier (as determined by the Consumer
Price Index,) effective October 1, 2011, and adjusted annually in this manner on
this date for every year thereafter.
O. RECORDS MAINTENANCE AND ACCESS – The County agrees to
maintain records with the most current information the County has available.
1. All changes in property ownership will be recorded in the
assessment records within thirty days of being filed with the Muskegon County
Register of Deeds unless incomplete property documentation prevents timely
recording. In these cases, the Equalization Department will strive to get complete
accurate ownership information recorded as quickly as practical.
2. City staff will be afforded full access to assessment records
(including photographs).
–II. The County will perform all the above services for the Municipality, subject to fees
and expenses set forth and under the terms and conditions herein:
A. FEES - For each year of this agreement the annual fee shall be calculated in
the following manner: The fee for the base year, which is from April 1, 2011
to March 31, 2012, shall be $344,367.00 (base annual fee). The base Annual
Fee of $344,367.00 shall be multiplied by the Growth Index effective, and
annually on April 1 for every year throughout the term of this agreement. The
Growth Index is determined by dividing the Municipality’s current year
aggregate taxable value by the Municipality’s previous year’s aggregate
taxable value as published in the Equalization Report. The index shall be
compounded annually.
B. PAYMENTS - The Municipality shall remit the annual fee in equal
quarterly payments.
C. RELATIONSHIP OF THE PARTIES – The parties acknowledge that
the agreement between the County and The Municipality is one of an independent
contractor. Neither of the parties should represent that an employment relationship
is created or exists with regards to the employees of the other. This independent
contractor relationship shall be given its full scope and intent including without
limitation as it pertains to liability, wages, benefits, and taxation.
VI. MISCELLANEOUS
A. SECTION HEADINGS - The headings of the several sections, and
any Table of Contents appended hereto, shall be solely for convenience of
reference and shall not affect the meaning, construction or effect hereof.
B. SEVERABILITY - If any one or more of the provisions contained
herein shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, then such provision or provisions shall be deemed severable from the
remaining provisions hereof, and such invalidity, illegality, or unenforceability
shall not affect any other provision hereof, and this Agreement shall be construed
as if such invalid, illegal or unenforceable provision had never been contained
herein.
C. ENTIRE AGREEMENT AND AMENDMENT - In conjunction with
matters considered herein, this Agreement contains the entire understanding and
agreement of the parties and there have been no promises, representations, agreements,
warranties, or undertakings by any of the parties, either oral or written, of any character
or nature hereafter binding except as set forth herein. This Agreement may be altered,
amended or modified only by an instrument in writing, executed by the parties to this
Agreement and by no other means. Each party waives their future right to claim, contest
or assert that this Agreement was modified, canceled, superseded or changed by any oral
agreements, course of conduct, waiver or estoppel.
D. SUCCESSORS AND ASIGNS - All representations, covenants, and
warranties set forth in the Agreement by or on behalf of, or for the benefit of any or all of
the parties hereto, shall be binding upon and inure to the benefit of such party, its
successors and assigns.
E. TERMS AND CONDITIONS - The terms and conditions used in this
Agreement shall be given their common and ordinary definition and will not be construed
against either party.
F. EXECUTION OF COUNTERPARTS - This Agreement may be
executed in any number of counterparts and each such counterparts shall for all purposes
be deemed to be an original; and all such counterparts, or as many of them as the parties
shall preserve undestroyed, shall together constitute one and the same instrument.
ACKNOWLEDGEMENTS
By:
Steve Warmington
Its: Mayor
By:
Ann Marie Becker
Its: City Clerk
Approved as to Form:
John C. Schrier, City Attorney
County of Muskegon:
By:
Kenneth Mahoney
Its: Chairman Board of Commissioners
By:
Nancy A. Waters
Its: Clerk
Approved as to Form:
Theodore Williams, Corporate Counsel
Exhibit A – Scope of Services
1. Muskegon County Equalization shall prepare annually by July 15 of each year a
TIFA/LDFA report.
2. Muskegon County Equalization shall furnish the City of Muskegon a copy of the
Equalization Report following adoption by the County Board of Commissioners.
3. Muskegon County Equalization will maintain records for the City of Muskegon
that are in substantial compliance with state law - which includes the ability to
pass a 14 point review or mini review (Please see attached forms – STC Form
4557 and Certification Statement).
Michigan Department of Treasury
4557 (Rev. 03-09)
Review of Local Unit Assessment Administration Practices,
Procedures and Records
MICHIGAN STATE TAX COMMISSION
Random Review Follow Up Review Ordered Review
UNIT: COUNTY:
YEAR:
YEAR OF ORIGINAL REVIEW (FOLLOW-UP REVIEW):
Score:
Name of Township Supervisor/City Manager/Mayor:
Name of Assessing Officer:
SAB Certification No.:
SAB Certification Level:
Required Unit Level:
1% Administration Fee added to tax collection: Yes No
Notes:
1a. On what date was the assessment roll certified by the above identified assessing officer?
General Law Date: Charter Date:
Date:
Notes:
1b. On what date did the assessing officer deliver the certified assessment roll (original hard copy) to the local Board of
Review for its required March meetings?
General Law Date: Charter Date:
Date:
Notes:
1
Michigan Department of Treasury
4557 (Rev. 03-09)
2a. On what date was the assessment roll certified by the local Board of Review?
Date:
Notes:
2b. Did the local Board of Review utilize State Tax Commission form L-4035 (or equivalent)?
Yes No
Notes:
2c. Did the secretary of the local Board of Review utilize State Tax Commission form L-4035a to document valuation
changes authorized by the board?
Yes No
Notes:
2d. Did the local unit Board of Review prepare minutes of the meetings and actions authorized by the local Board of
Review and file the minutes with the local unit clerk (MCL 211.33)?
March BOR Session Yes No
July BOR Session Yes No
December BOR Session Yes No
Notes:
2e. Is the Board of Review in substantial compliance with the requirements of the GPTA (MCL 211.10f, MCL 211.33,
R209.28(4)?
March BOR Session Yes No
July BOR Session Yes No
December BOR Session Yes No
Notes:
2
Michigan Department of Treasury
4557 (Rev. 03-09)
2f. On what date did the local unit/Board of Review Close?
March BOR Session
July BOR Session Statutory Date
December BOR Session Statutory Date
Notes:
3a. On what date was the certified copy of the assessment roll delivered to the county equalization department?
Date:
Notes:
3b. On what date did the assessing officer deliver State Tax Commission form L-4021 to the county equalization
department?
Date:
Original Hard Copy Electronic/Magnetic File Transfer
Notes:
3c. On what date did the assessing officer deliver State Tax Commission form L-4022 to the county equalization
department?
Date:
Original Hard Copy Electronic/Magnetic File Transfer
Notes:
3d. On what date did the assessing officer deliver a complete State Tax Commission form L-4025 (all property) to the
county equalization department?
Date:
Notes:
3
Michigan Department of Treasury
4557 (Rev. 03-09)
4. Does the local unit have a printed copy of the 2003 Assessor’s Manual for review by the taxpayers and a copy of the
manual actually used to make the assessments?
Yes No
Notes:
5. MCL 211.10e Requirements – Pursuant to MCL 211.10e, please identify which of the following assessors’ manuals
is utilized by the local unit assessing officer:
a) Michigan Assessors Manual, 1998 Cost Tables
b) Michigan Assessors Manual, 2003 Cost Tables
c) Other (specify):
6. MCL 211.10e Requirements – Pursuant to MCL 211.10e, please identify which of the following assessment records
are utilized and maintained by the local assessing officer:
a) Appraisal record card system
b) Personal property record system
c) Tax maps
d) Land value determination (maps grids, tables and analysis)
e) ECF determinations
f) Current year printed copy of the assessment roll
Original Duplicate Copy
Notes:
7. MCL 211.10a Requirement – Pursuant to MCL 211.10a does the local unit provide customary business hours for
inspection and copying of public records?
Yes If Yes, please indicate designated days and times. (specify):
No
Notes:
4
Michigan Department of Treasury
4557 (Rev. 03-09)
If the answer above is NO, has the local unit adopted a policy and/or procedure(s) to be utilized regarding the inspection
and copying of public records?
Yes If Yes, please attached a copy of policy/procedure.
No
Notes:
8. Where are the real and personal property records, assessment roll(s) and support documents retained?
a) Local unit public offices
b) Office/home of township supervisor
c) Office/home of assessing officer
d) Other (specify):
Notes:
9. Assessment Roll Requirements – Please identify which of the following specific date or information is posted to the
current assessment roll:
a) Name & address of property owner
b) Legal description or STC approved parcel code number
c) School district code
d) Property classification
e) Assessed valuation
f) Capped valuation
g) Taxable valuation
h) Board of Review valuation column
i) MTT and/or STC valuation column
j) Homestead or Qualified Agricultural Property Exemption & percentage
k) Date of last transfer of ownership
Notes:
10. Does the true cash value on the appraisal record card agree with the true cash value indicated by the assessed value
on the assessment roll?
Yes No If No, date(s) last calculated.
Notes:
5
Michigan Department of Treasury
4557 (Rev. 03-09)
11. Do the appraisal record cards properly account for all physical items located on the description?
90% + Accurate 80% - 89% Accurate 79% or less Accurate
Notes:
12. MCL 211.27a (3) Requirement(s) – Pursuant to MCL 211.27a(3) is the local unit in substantial compliance with the
uncapping of taxable valuations the year following a transfer of ownership?
Yes No If NO, documentation required.
Notes:
13. Based on a sampling of properties involving new construction which occurred in the prior year, do the current
year’s assessments include new construction?
Yes No If NO, documentation required.
Notes:
14. Based on a sampling of known “sale” properties, is the local unit in substantial compliance with STC Bulletin 19 of
1997?
Yes No If NO, documentation required.
Notes:
14b. Calculated Co-efficient of Dispersion:
Calculated Price Related Differential:
Notes:
Additional Notes:
6
Michigan Department of Treasury
4557 (Rev. 03-09)
CERTIFICATION: I hereby declare that the foregoing information submitted is a complete and true statement.
Electronic Signature:
By clicking the box, I agree the signature I have typed above will be the electronic representation of my signature for
purpose when I use it on this document and is a legally-binding contract. I further understand that signing documents using
this electronic signature will have the same legally-binding effect as signing my signature using pen and paper.
Date:
Title:
Summary of ARC Review
7
Local Unit Certification Statement
MICHIGAN STATE TAX COMMISSION
ASSESSMENT AND CERTIFICATION DIVISION
Local Unit: ______________________________
County: _________________________________
1. Please identify the assessing officer who has signed the pre-Board of Review certification
of the assessment roll.
Name of Township Supervisor/City Manager/Mayor: _________________________
Name of Assessing Officer: _____________________________________________
SAB Certification No.: ________
SAB Certification Level: ________
Required Unit Level: ________
Comments:
2. MCL 211.10e Requirements - Pursuant to MCL 211.10e, please identify which of the
following assessment records are used and maintained by the local assessing officer:
Land value tables and land value maps. Land value maps generally consist of a map of
the local unit, usually broken down by neighborhoods showing the land values used in
those neighborhoods. If the land values are estimated or county equalization values are
used, please indicate so in the notes area below. A listing of sales used to determine the
land values, an analysis of the sales listing that arrives at the final land table, and a print
out of the land table are required for an affirmative answer below.
Land value maps: please note below any classifications not represented on a
land value map. (An “X” in the box indicates a “yes” answer.)
Land value determination; (grids or tables and analysis)
Agricultural Classification
Commercial Classification
Industrial Classification
Residential Classification
Timber/Cutover Classification
Developmental Classification
Notes:
3. ECF determination (grids or tables and analysis – there must be a sales listing and
ECF calculations – a simple listing of an ECF table will not suffice) An “X” in the
box indicates a “yes” answer. (Note; if the ECFs are estimated or county ECFs,
please indicate in the notes area below)
Agricultural Classification
Commercial Classification
Industrial Classification
Residential Classification
Timber/Cutover Classification
Developmental Classification
Notes:
4. Does this unit have office hours for the inspection and copying assessment records?
a) If so, please circle days & list hours:Days: M Tu W Th F Hours:
Days: M Tu W Th F Hours:
b) If not, has the unit adopted a policy and/or procedure regarding the inspection and
copying of public records?
YES If YES, please attach a copy of policy/procedure.
NO
Notes:
5. Please identify the portion of the parcels in each classification were field inspected in
the prior year. STC guidelines indicate a 20% inspection rate of real parcels. Field
inspection means an actual physical inspection of the parcel and measurement of at
least several of the major structure dimensions. Digital aerial photos may be used in
addition to field inspection if certain standards are met. (Parcel count, not SEV or
percentage of parcels inspected)
a) Total Agricultural real in classification ________; Number inspected ________
b) Total Commercial real in classification ________; Number inspected ________
c) Total Industrial real in classification ________; Number inspected ________
d) Total Residential real in classification ________; Number inspected _______
e) Total Timber cutover real in classification _____; Number inspected _______
f) Total Developmental real in classification________; Number inspected_______
Notes:
6. Based on a sampling of properties involving new construction that occurred in the
prior year, do the current year's assessments include equalization new and capped
value additions on the assessment roll? This is a check of permitted construction and
non permitted construction. (Some units do not require building permits for
agricultural and small buildings.)
YES
NO
Notes:
7. Does the true cash value on the appraisal record card agree with the true cash value
indicated by the assessed value on the assessment roll? This is a check for overridden
values on the appraisal record cards (ARC) and an excessive use of flat land values.
YES
NO
Notes:
I hereby certify the aforementioned statements are true and accurate:
Assessor; include Certification Number _______________________________________
Date: ____________
Township Supervisor or City Manager or Mayor ________________________________
Date: ____________
Date: March 22, 2011
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: 2011-12 Healthcare & Wellness Program
SUMMARY OF REQUEST: It is time to renew the City's healthcare coverage for 2011-12. Renewal
premiums for the City's current healthcare program have come in at $887.88/employee/month, an 8.83%
increase over the current rate ($815.85). Last year we experienced a 9.45% increase. In comparative
terms, the rate increase is fairly moderate. Many employers are experiencing double-digit increases
partially attributable to coverage enhancements mandated by last year’s federal healthcare legislation.
For 2011-12, the City will continue to pay HRA deductibles for employees who complete the four-step
wellness initiative prior to April 30th; non-participants in the wellness program will pay the first $500
(single)/ $1,000 (family) of the deductible.
Staff is also focusing on increasing the premium co-pay in employee negotiations.
FINANCIAL IMPACT: Following is an estimate of proposed costs for the Priority Health HMO program
compared with the current year:
2010-11 2011-12
Annual Premium per Employee $9,790 $10,655
Approx. Self-Insured HRA Costs per Employee 700 700
Typical Employee Premium Co-pay (520) (780)
Net City Cost 9,970 10,575
Approx. # of Covered Employees (Subject to Reduction) 231 231
Total Annual City Cost $2,303,070 $2,442,825
BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be included in the
forthcoming 2011-12 budget.
STAFF RECOMMENDATION: Authorize staff to execute documents with Priority Health to renew
healthcare coverage.
COMMITTEE RECOMMENDATION: None.
1
Commission Meeting Date: March 22, 2011
Date: March 15, 2011
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
RE: 2011 – 2012 CDBG/HOME Recommendations.
______________________________________________________________
SUMMARY OF REQUEST: To accept the recommendations of the
Administration and Citizen’s District Council in regards to the 2011 – 2012
CDBG/HOME anticipated entitlement. The Commission is scheduled to make
their preliminary decision regarding the 2011-2012 CDBG/HOME allocation
entitlement during the City Commission meeting scheduled for March 22,
2011, with a public hearing of the same.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: To determine a budget for the CNS
department and direct staff to publish the recommended budget for a 30 day
comment period for the proposed July 1, 2011- June 30, 2012 program year.
STAFF RECOMMENDATION: To approve the acceptance of the
recommendations of the Administration and Citizen’s District Council and to
make their preliminary recommendations for publication.
COMMITTEE RECOMMENDATION: The Citizen District Council has made
their recommendations. (See attached spreadsheet and memo.)
Community Development Block Grant 2011 - 2012
Amount Admin CDC City Commission City Comm
Requested Recommend Rec Prelimiary Rec. Final Determination
Organization/Agency Activity
$15,000 $10,000 $10,000
COM - Affirmative Action Affirmative Action
$10,000 $10,000 $10,000
COM - Affirmative Action Summer Internships
$180,000 $150,000 $150,000 $150,000 $150,000
COM - CNS CDBG Admin **
$250,000 $225,000 $225,000
COM - CNS Emergency Repair
$80,000 $65,000 $65,000 $65,000 $65,000
COM - CNS Service Delivery
$150,000 $100,000 $79,000
COM - CNS Vinyl Siding
$69,345 $45,000 $45,000
COM - DPW Senior Transit*
$250,000 $130,543 $130,543
COM - Engineering Street Construction
$157,870 $157,870 $157,870 $157,870 $157,870
COM - Finance Fire Station Bond Repayment
$50,000 $50,000 $50,000
COM - Inspections Dangerous Bldgs/Demolition & Board Ups
$100,000 $70,000 $70,000
COM - Leisure Services Youth Recreation*
$67,547 $50,000 $50,000
COM - Planning Code Enforcement
$25,000 $15,000 $15,000
COM - Planning Comm Economic Dev Façade
$8,000 $8,000 $8,000
Love INC Emergency Assistance/Handicap Ramps*
$0 $0 $3,500
American Red Cross Senior Transportation*
$0 $0 $3,500
Community enCompass Healthy Neighborhood Project*
$0 $0 $3,500
HealthCARE Health Outreach*
$0 $0 $3,500
West Michigan Veterans Food Bank*
$0 $0 $3,500
Legal Aid Housing Related Legal Services*
$0 $0 $3,500
Muskegon Community Health Project Uninsured Diabetes Outreach*
$1,412,762 $1,086,413 $1,086,413 $372,870 $372,870
Total CDBG Allocated $1,086,413 $1,086,413 $1,086,413 $1,086,413 $1,086,413
Expected program income (Debt Recovery) $0 $0 $0 $0 $0
NOTE: Total $1,086,413 $1,086,413 $1,086,413 $1,086,413 $1,086,413
* Public Service Allocated/Request Difference ($326,349) $0 $0 $713,543 $713,543
** City CDBG Administration
Total Amt of Public Service* $177,345 $123,000 $123,000 $0 $0
Public Service mandated Amt </= to 15% $162,962 $162,962 $162,962 $162,962 $162,962
Allocation Difference ($14,383) $39,962 $39,962 $162,962 $162,962
Total Amt of City Administration Request** $180,000 $150,000 $150,000 $150,000 $150,000
Administrative Maximum Amt < 20% $217,283 $217,283 $217,283 $217,283 $217,283
Difference $37,283 $67,283 $67,283 $67,283 $67,283
Page 1 of 3 C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\2011-2012 CDBG-HOME Grants Spreadsheet.xlsCDBG-HOME ACTIVITY
HOME Grant 2011 - 2012
Amount Admin CDC City Commission City Comm
Requested Recommend Rec Prelimiary Rec. Final Determination
Organization/Agency Activity
$70,000
Community enCompass Housing Transition Asst**** $50,000 $70,000
Muskegon County Habitat for Humanity Infrastructure/construction (3 homes)**** $53,000 $53,000 $53,000
COM - CNS HOME Administration*** $32,071 $32,071 $32,071
COM - CNS HOME Infill/New Construction $150,000 $150,000 $100,639
COM - CNS HOME Rental Rehabilitation $65,000 $35,639 $65,000
Total HOME Request $370,071 $320,710 $320,710 $0 $0
Total HOME Allocated $320,710 $320,710 $320,710 $320,710 $320,710
(+) Program Income $0 $0 $0 $0 $0
NOTE: Total $320,710 $320,710 $320,710 $320,710 $320,710
*** Home Administration Allocated/Request Difference ($49,361) $0 $0 $320,710 $320,710
**** CHDO Request
Total Amt of HOME Administration*** $32,071 $32,071 $32,071 $0 $0
Total Amt Designated = 10% $32,071 $32,071 $32,071 $32,071 $32,071
$0 $0 $0 $32,071 $32,071
Total Amt of HOME CHDO **** $123,000 $103,000 $123,000 $0 $0
Total Amt mandated = 15% $48,107 $48,107 $48,107 $48,107 $48,107
Allocation Difference ($74,894) ($54,894) ($74,894) $48,107 $48,107
Page 3 of 3 C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\2011-2012 CDBG-HOME Grants Spreadsheet.xlsCDBG-HOME ACTIVITY
AGENDA ITEM NO. ___________________
CITY COMMISSION MEETING March 22, 2010
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: March 9, 2011
RE: Civil Service Budget Adjustment
SUMMARY OF REQUEST:
To authorize an increase in the Civil Service budget in the amount of $10,000. This amount
should carry the Civil Service operation into the middle of next month and provide the Civil
Service Commission additional time to consider options for the future direction of the operation.
This action is necessary due to the rate of spending in contrast to the original budgeted
allocation.
FINANCIAL IMPACT:
$10,000.
BUDGET ACTION REQUIRED:
Authorize the budget adjustment.
STAFF RECOMMENDATION:
To approve the proposed budget adjustment.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\CIVIL SRVC BUDGET ADJ 030911
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