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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 28, 2010
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
A. Honorary Ambassador Award – Root Park.
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Smartzone – Pre-Seed Fund Agreement between the City of Muskegon
and the Michigan Alternative & Renewable Energy Center (MAREC).
PLANNING & ECONOMIC DEVELOPMENT
C. Senior Nutrition Program – Agreement between AgeWell Services of
West Michigan (AWS) and the City of Muskegon. PLANNING &
ECONOMIC DEVELOPMENT
D. Amendments to the Zoning Ordinance – Transitional Living Centers.
PLANNING & ECONOMIC DEVELOPMENT
E. Amendments to the Zoning Ordinance – Definition for Transitional Living
Center. PLANNING & ECONOMIC DEVELOPMENT
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Congress of Cities Voting Delegates. CITY CLERK
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: September 28, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the September 13th
Commission Worksession Meeting and the September 14th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
September 13, 2010
City Commission Chambers
5:30 PM
MINUTES
2010-78
Present: Commissioners Warmington, Vice Mayor Gawron, Spataro, Wierengo, Shepherd, and
Wisneski.
Absent: Commissioner Carter.
First Quarter 2010-11 Budget Reforecast.
At this time staff is transmitting the First Quarter 2010-11 Budget Reforecast which outlines
proposed changes to the original budget that have come about as result of changes in policy
priorities, labor contracts, updated economic conditions, or other factors.
This is the first budget reforecast since the City changed fiscal years. The FY change has
resulted in a higher than expected fund balance for the start of the new fiscal year. Proposed
changes to the 2010-11 budget are relatively minor and mostly involve adjustments to capital
projects.
This item will be on the September 14, 2010 Commission Meeting for consideration.
Arena Management Group Presentation.
The LC Walker Arena Management group made a presentation to the City Commission of the
many updates and changes that have been made to the arena.
County Wastewater Master Contract.
Bryon Mazade, City Manager, gave an overview of the proposed County Wastewater Master
Contract. The City Commission was asked to review the contract for future consideration.
Adjournment.
Motion by Commissioner Spataro, seconded by Commissioner Wisneski to adjourn at 7:10
p.m.
MOTION PASSES
________________________
Ann Marie Becker, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 14, 2010
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, September
14, 2010.
Mayor Warmington opened the meeting with a prayer from Pastor Marcy
Miller from Samuel Lutheran Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Lawrence Spataro, Sue Wierengo, Steve Wisneski, Chris Carter,
and Clara Shepherd, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2010-79 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the City Commission Meeting
that was held on Tuesday, August 24, 2010.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Repairs to Annex. FINANCE
SUMMARY OF REQUEST: A large section of masonry on the south wall of the
Arena Annex building (facing Amazon Building) is unstable due to winter water
damage. We have received the following bids for repairs to the parapet/roof
that will correct this problem:
Clifford Buck Muskegon Constr. Tridonn Muskegon Quality
Muskegon Muskegon Muskegon Muskegon Hts.
$56,324 $76,525 $68,897 $71,500
FINANCIAL IMPACT: The cost of repairs will use up most of the $70,000 balance
in the Arena Maintenance fund. The fund will be replenished over time with
revenue generated from event ticket sales.
BUDGET ACTION REQUIRED: The cost of this project will be factored into the
quarterly budget reforecast.
STAFF RECOMMENDATION: Staff has considered various options (including
demolition) and believes proceeding with the repairs is the best option. The
arena manager also believes the Annex building is crucial to their future plans.
Accordingly, staff recommends the project repairs be undertaken and that the
low bidder (Clifford Buck) be awarded the contract.
C. First Quarter 2010-11 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2010-11
Budget Reforecast which outlines proposed changes to the original budget that
have come about as result of changes in policy priorities, labor contracts,
updated economic conditions, or other factors.
FINANCIAL IMPACT: This is the first budget reforecast since the City changed
fiscal years. The FY change has resulted in a higher than expected fund
balance for the start of the new fiscal year. Proposed changes to the 2010-11
budget are relatively minor and mostly involve adjustments to capital projects.
BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: To approve the First Quarter 2010-11 Budget
Reforecast and proposed use of Fund Balance as discussed at last night’s
meeting.
D. Elevated and Underground Water Storage Tank Inspections. WATER
FILTRATION
SUMMARY OF REQUEST: To authorize staff to enter into an agreement with
engineering/inspection firms for inspection of three elevated and two
underground water storage tanks.
FINANCIAL IMPACT: $18,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
authorize staff to enter into agreement with Dixon Engineering for inspection of
the elevated water storage tanks at a cost of $6,000 and Williams & Works for
inspection of the underground water storage tanks at a cost of $12,000.
E. Approval of the Neighborhood Stabilization Program (NSP) Subrecipient
Agreement with Habitat for Humanity for NSP Houses. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services
office to sign the 2009 Neighborhood Stabilization Program Subrecipient
Agreement with Muskegon County Habitat for Humanity, using Neighborhood
Stabilization Program (NSP) funds to build two new homes at 461 Marquette and
510 White, for a maximum of $40,000 for each home. 531 Orchard may also be
included, not to exceed $120,000 for the three properties.
MSHDA is requiring this Subrecipient Agreement to cover NSP regulations
pursuant to the City’s NSP grant to include Habitat as a subrecipient.
FINANCIAL IMPACT: These projects will be using NSP funds and we will meet our
goal of using 25% of our funds to sell to at or below 50% AMI families. Nothing will
come out of the General Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for Community and Neighborhood
Services to sign the 2009 Neighborhood Stabilization Program Subrecipient
Agreement with Muskegon County Habitat for Humanity.
COMMITTEE RECOMMENDATION: The City Commission has already approved
the Sponsorship Agreement with Habitat at the July 13, 2010, Commission
meeting.
F. Rescind Bid for Complete Rehab at 1080 E. Laketon and Award to
Another Contractor. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To rescind the bid to Murphy and Son Construction LLC
for the complete rehabilitation of 1080 E. Laketon in the amount of $34,350 and
award the bid to Statewide Abatement, 1720 N. Creston, Muskegon, 49445 in
the amount of $46,875.
On July 27, 2010, the City Commission approved the bid for the complete
rehabilitation of 1080 E. Laketon to Murphy and Son Construction LLC. The
contractor is unable to produce the necessary Worker’s Compensation
insurance as required.
The second lowest bidder currently has several projects; therefore, staff
recommends that we accept the third lowest bidder, Statewide Abatement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To rescind the bid from Murphy and Son
Construction LLC and award the bid to Statewide Abatement.
G. City – MDOT Agreement for ADA Ramp Upgrades along Apple Avenue,
Seaway Drive and Shoreline Drive at Various Locations Within the City
Limits. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT to upgrade
sidewalk ramps to ADA compliance along Apple Avenue, Seaway Drive and
Shoreline Drive within the City limits; and to approve the resolution authorizing
the Mayor and City Clerk to sign the contracts.
FINANCIAL IMPACT: The City’s required participation on this MDOT project is
estimated at $7,400.
BUDGET ACTION REQUIRED: If approved, this project needs to be incorporated
into the 1st quarterly reforecast update of the 2010/2011 CIP budget.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
H. City – MDOT Agreement for the Milling and Resurfacing of Port City
Blvd. from Latimer to Laketon Avenue. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the milling and
resurfacing of Port City Blvd. between Latimer and Laketon Avenue using left
over stimulus funds, and to adopt the resolution authorizing the Mayor and City
Clerk to sign the contract.
FINANCIAL IMPACT: The projected cost of the proposed project is $165,000 of
which MDOT’s participation is limited to the federal funds of $102,632.
BUDGET ACTION REQUIRED: Authorize staff to add to the 2010/2011 CIP via the
1st quarterly reforecast update.
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
J. Accept Resignation and Make Appointments to Various Boards. CITY
CLERK
SUMMARY OF REQUEST: To accept the resignation from Nick Kroes from the
Housing Code Board of Appeals. Remove William Krick from the Historic District
Commission and appoint him to the Housing Code Board of Appeals. Appoint
Steven Radtke to the Historic District Commission and Stephanie Marion to the
CDBG/Citizen’s District Council.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the changes at their September 13th meeting.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the Consent Agenda as presented minus item I.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
2010-80 ITEM REMOVED FROM THE CONSENT AGENDA:
I. American’s with Disabilities Act (ADA) Project Civic Access Settlement
Agreement with the Department of Justice. AFFIRMATIVE ACTION
SUMMARY OF REQUEST: Permission to enter into a long-term agreement with the
Department of Justice that will promote inclusion and bring the City into
compliance with the ADA.
FINANCIAL IMPACT: Unknown.
BUDGET ACTION REQUIRED: Adjustments will be required for 2010/2011.
STAFF RECOMMENDATION: To approve and authorize the Mayor and Clerk to
sign the agreement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the American’s with Disabilities Act Project Civic Access Settlement Agreement
with the Department of Justice.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2010-81 NEW BUSINESS:
A. Special Event – Peace Jam. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The West Michigan Community Help Network, along
with several community partners, including the City of Muskegon, is hosting the
Peace Jam on September 25, 2010, at Marsh Field. The event will involve a
concert series and a rally with guest speakers and performances. The Peace
Jam is an effort to bring citizens and groups together to work towards reducing
violence in the community. The City is being asked to provide tables, trash cans
and the stage, at no cost, as our contribution towards the event (rather than a
cash contribution).
FINANCIAL IMPACT: If approved, no fee will be received for the City services
requested (tables, trash cans, stage).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the special event request for a Peace Jam.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, and Shepherd
Nays: Spataro and Warmington
MOTION PASSES
B. Towing Contract. PUBLIC SAFETY
SUMMARY OF REQUEST: Proposals have been accepted for the towing contract
with the City. This contract will go into effect on September 25, 2010. Proposals
were submitted by the following companies:
1. All Pro Towing and Recovery, 1708 S. Getty, Muskegon, 49442
2. Baxter’s Towing and Storage, 5333 Airline, Muskegon, 49444
3. Central Towing, 710 Pulaski, Muskegon, 49441
4. Reliable Towing, 1288 Ninth Street, Muskegon, 49440
5. Campbell Towing, 796 E. Apple Avenue, Muskegon, 49442
6. ASAP Towing, 710 Pulaski, Muskegon, 49441
7. Hansen Towing, 1878 Sternberg Road, Muskegon, 49444
8. Ramos Towing, 2444 Getty, Muskegon, 49444
Based on the proposals that were submitted, it is recommended that the
Commission approve a contract with Ramos Towing.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the contract with Ramos Towing.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Wierengo
Nays: Warmington
MOTION PASSES
C. Great Lakes and St. Lawrence Cities Initiative. MAYOR
SUMMARY OF REQUEST: To authorize the payment of membership dues to the
Great Lakes and St. Lawrence Cities Initiative. It is important that our City is
involved in protecting and restoring the Great Lakes, especially as they face an
onslaught of attacks on their well-being.
FINANCIAL IMPACT: $3,000.
BUDGET ACTION REQUIRED: A budget adjustment will be required to
accommodate this expense.
STAFF RECOMMENDATION: To approve the request and authorize the budget
adjustment.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the request and authorize the budget adjustment regarding the Great
Lakes and St. Lawrence Cities Initiative.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Commissioner Shepherd commended our Firefighters on
their professionalism during the fire at 380 Houston. She would like to recognize
and honor Engine #23 Captain Gordon Cole, firefighter Chad Horn, and David
Robb; Engine #24 Lt. Art Backstrom, Firefighter Peter Hughes; Engine #25 Lt. Jim
Diffell, Firefighter Todd Rake; Rescue Firefighter Ruthanne Simila; Command 91
Battalion Chief Ron Linstrom.
Commissioner Wierengo commented on the park rest rooms being locked.
PUBLIC PARTICIPATION: Public comments received.
2010-81 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Carter, second by Commissioner Spataro to go into
Closed Session.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to come out
of Closed Session and accept the recommendation of council in the matter of
Griffin vs. City of Muskegon.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, and
Carter
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:10 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Commission Meeting Date: September 28, 2010
Date: September 20, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Smartzone- Pre-Seed Fund Agreement Between
the City of Muskegon and the Michigan
Alternative & Renewable Energy Center (MAREC)
SUMMARY OF REQUEST: In 2007, the City of Muskegon received $25,000 from a
$100,000 grant to assist with the administration of the Pre-Seed Loan fund through
the State Smartzone program. The City contracted with Muskegon Area First to
administer these funds. MAF spent $10,000 on assisting clients with their
applications for Pre-Seed loans. Recently, the MEDC forwarded the remaining
$75,000 to the City. Since MAREC has a new director and staff, it would be
appropriate for them to become administrators of this fund. The funding can be used
for administration, as well as to assist potentially eligible applicants through the loan
application process. With MAREC’s new direction, they can best reach the clients
who would qualify for the Pre-Seed Loan (business start-ups, incubators, etc).
FINANCIAL IMPACT: The City has a total of $90,000 from the State of Michigan for
administration and client assistance of the Pre-Seed Fund. These funds will be used
by MAREC for administrative services and client assistance.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Letter of Agreement between the City
of Muskegon and MAREC and authorize the Mayor to sign.
September 15, 2010
City of Muskegon
Ms. Cathy Brubaker-Clarke, Director
Office of Economic Development
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536
Re: Muskegon SmartZone™ Pre-Seed Agreement / SmartZone representation
Dear Cathy:
This letter serves to confirm that the City of Muskegon and Muskegon Area First have requested that
GVSU at MAREC assume the responsibility of the Muskegon SmartZone™ representation with the
MEDC in Lansing as well for the administration of the Pre-Seed capital Fund available to support
business start-up within the alternative energy sector in the Muskegon SmartZone.
We would be pleased to manage and support these activities with the understanding that the City of
Muskegon will continue to hold the Pre-Seed Fund monies and that MAREC will invoice the city from
time-to-time for appropriate expenditures from the fund that meet the published Pre-Seed Program
guidelines.
Enclosed is a Letter of Agreement that outlines our understanding of the terms that will guide our work
going forward. I have signed the agreement with an effective date of September 1, 2010 and will
anticipate receiving a fully executed copy from you in the near future.
We appreciate your confidence in GVSU/MAREC in taking on this role and we will work diligently to
meet everyone’s expectations.
Regards,
T. Arnold (Arn) Boezaart, Director
MAREC
Encl.
Cc: Ed Garner, Muskegon Area First
c:\documents and settings\potter\local settings\temporary internet files\olk8\pre-seed agreement ltr sept 15 10.doc
City of Muskegon
And
Grand Valley State University at Michigan Alternative and Renewable Energy Center
Letter of Agreement
Grand Valley State University (GVSU) at Michigan Alternative and Renewable Energy
Center (MAREC) working in partnership with the Region 7 office of the Michigan Small
Business & Technology Development Center (MI-SBTDC) agrees to provide The City
of Muskegon (“City”) with administration services as required by the Michigan Pre-Seed
Capital Fund (attached) for as long as the Pre-Seed Funds remain. The City agrees to
hold the remaining Pre-Seed funds. Up to the extent funds are available in the account,
MAREC will request disbursement from the City for expenditures related to the Pre-Seed
Fund or marketing of the SmartZone.
The basic services to be provided by MAREC / MI-SBTDC are:
1. MAREC will serve as contact for all interested parties applying for Pre-Seed
Capital Funds and explain eligibility requirements.
2. MAREC will prepare and distribute information regarding the Pre-Seed
Capital Fund and its use.
3. MAREC will conduct all Due Diligence for companies that are interested in
applying for Pre-Seed Capital Funds and provide each eligible company
application technical assistance.
4. All expenditures and practices by MAREC in relation to the use of Pre-Seed
Capital Funds shall be subject to review by the City.
5. MAREC will act as the “Fund Administrator” on behalf of the City and report
to and attend meetings of the Investment Review Board (IRB),
SmartZone Governing Board, and have responsibility for Michigan Economic
Development Corporation (MEDC) Strategic Fund contract management.
6. The parties agree that MAREC will share information with the City when
funds are expended on behalf of an applicant and as payment of Pre-Seed
Capital Funds are requested. The information will be sent in the form of a
confidential memo, with information subject to the Freedom of Information
Act (FOIA).
7. MAREC will provide the City quarterly and annual reports regarding the use
of the Pre-Seed Capital Funds.
Sept. 15, 2010
This letter of agreement is hereby executed on ___________, ___, 2010
_____________________________________
Stephen J. Warmington, Mayor
City of Muskegon
_____________________________________
T. Arnold (Arn) Boezaart, Executive Director
MAREC
Sept. 15, 2010
Commission Meeting Date: September 28, 2010
Date: September 17, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Senior Nutrition Program- Agreement Between
AgeWell Services of West Michigan (AWS) and the
City of Muskegon
SUMMARY OF REQUEST: The City of Muskegon has contracted with
AgeWell Services for several years to conduct the senior nutrition
program at the McGraft Park Community Building. This Agreement will
extend those services through September 30, 2011.
FINANCIAL IMPACT: The City of Muskegon financially supports the
program in the amount of $8,316.00. AWS pays the City $200.00 a
month for rent and utilities.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement and
authorize the Mayor’s signature.
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