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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 9, 2009
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
A. Miss Shoreline 2009 and Miss Shoreline’s Outstanding Teen 2009.
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING &
ECONOMIC DEVELOPMENT
C. Revocation of a Neighborhood Enterprise Zone Certificate. PLANNING
& ECONOMIC DEVELOPMENT
D. Transportation Funding Resolution. CITY MANAGER
E. Arena Management – JS Hockey Enterprises, Inc. CITY MANAGER
F. Addition of a Clause to the IFT Contract. PLANNING & ECONOMIC
DEVELOPMENT
G. Approval of Department of Energy Grant. PLANNING & ECONOMIC
DEVELOPMENT
H. Crack Sealing Machine. PUBLIC WORKS
I. Special Events – Multiple Liquor License Request for Muskegon Eagles
Aerie 668 Fraternal Order of Eagles During Muskegon Summer
Celebration. LEISURE SERVICES
J. Special Events – Multiple Liquor License Request for Muskegon Eagles
Aerie 668 Fraternal Order of Eagles During Muskegon Bike Time.
LEISURE SERVICES
K. Special Events – Multiple Liquor License Request for The Muskegon
Yacht Club. LEISURE SERVICES
L. Muskegon Bike Time Events. Inc. July 17th thru July 19th, 2009. LEISURE
SERVICES
M. Acceptance of Fair Housing Impediment Study. COMMUNITY &
NEIGHBORHOOD SERVICES
N. Final CDBG/HOME Allocations from HUD. COMMUNITY &
NEIGHBORHOOD SERVICES
PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – ESCO
Company. PLANNING & ECONOMIC DEVELOPMENT
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 254 Amity Avenue. PUBLIC SAFETY
NEW BUSINESS:
A. Resolutions for City Charter Amendments. 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: June 9, 2009
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, May 26th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 26, 2009
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, May 26,
2009.
Vice Mayor Gawron opened the meeting with a prayer from Pastor Tim Cross
from the 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: Vice Mayor Stephen Gawron, Commissioners Sue Wierengo, Steve
Wisneski, Chris Carter, Clara Shepherd, and Lawrence Spataro, City Manager
Bryon Mazade, City Attorney John Schrier, and Deputy City Clerk Linda Potter.
Absent: Mayor Stephen Warmington (excused)
2009-44 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the May 11th Commission
Worksession, and the May 12th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Acceptance of First Street into the City’s Street System. ENGINEERING
SUMMARY OF REQUEST: Adopt the resolution accepting First Street from the
alley south of Western to Morris into the City’s street system. The previously
approved resolution of February 10, 2009, contained inaccurate descriptions of
First Street limits.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adopt the resolution.
C. Request to Submit a Grant Application for Getty Street, Laketon to
Evanston. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit a request for grant application
to MDOT for TEDF-F funds to reconstruct Getty Street from Laketon to Evanston.
The request is for $380,000 and will require a match of up to $150,000 which will
be budgeted for in 2010 since the request is for 2011 funding year.
FINANCIAL IMPACT: A local share of $150,000 match plus engineering costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to submit the application.
D. Rezoning Request for Property Located at 1221 W. Laketon Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at 1221 W. Laketon
Avenue from RM-2, Medium Density Multiple Family Residential to R, One Family
Residential.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack
of compliance with the future land use map, Master Land Use Plan and zoning
district intent.
COMMITTEE RECOMMENDATION: The Planning Commission voted to
recommend denial of the request at their May 14, 2009, meeting. The motion
was approved by unanimous vote with B. Larson absent.
F. Paying Agent Services. FINANCE DIRECTOR
SUMMARY OF REQUEST: When the City issues bonds, it hires a “paying agent”
bank to do the recordkeeping and process principal/interest payments to
bondholders over the life of the issue. This has become a niche market and only
a couple of banks currently offer this service in the Midwest. We recently looked
into consolidating our bond issues at a single bank and, in the process, were
offered an extraordinary deal by Bank of New York. Bank of New York is willing
to perform paying agent services for an annual fee of $100/issue ($75/issue if
paid in advance). We had been considering consolidating at US Bank in
conjunction with Muskegon County for a fee of $300/issue. In further discussions
with US Bank, it was clear that they were not prepared to match Bank of New
York’s proposal.
FINANCIAL IMPACT:
• $14,550 net savings over the life of current outstanding bonds
• Eliminate need to process future payables checks
• Lock in excellent rate for future bond issues
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into the agreement with Bank
of New York, terminate current paying agent services with US Bank, consolidate
all current and future paying agent services with Bank of New York and
advance pay for these services.
G. Aggregates, Highway Maintenance Materials. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase crack sealing material from
Lakeshore Parking Lot Maintenance, Inc. The estimated cost based on 2008
quantities is $55,566.
Earlier this year, approval to purchase crack sealing material from a different
vendor was approved. However, after using said product for a short period of
time, staff concluded that product was not the most suitable for our
applications and would like to try a different product supplied by Lakeshore
Parking to ensure optimization of tax payers’ dollars.
FINANCIAL IMPACT: $55,566 based on 2008 quantities at 2009 quotes.
BUDGET ACTION REQUIRED: None, funds appropriated in several budgets.
STAFF RECOMMENDATION: Authorize staff to purchase crack sealing material
from Lakeshore Parking Lot Maintenance on an as needed bases.
H. Purchase of Properties Through the City’s Neighborhood Stabilization
Program. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of the following structures for
the City of Muskegon’s Neighborhood Stabilization Program. The properties to
be purchased are the following:
Address Purchase Price Proposed Interest
1585 Hudson $8,750 Rehabilitation
1733 Manz $13,700 Rehabilitation
468 W. Forest $8,500 Demolition
1500 Leahy $11,875 Demolition
1868 Wood $7,800 Rehabilitation
370 Catherine $8,700 Demolition
1189 Terrace $10,000 Demolition
The City of Muskegon’s Neighborhood Stabilization Program has three main
components: rehabilitation, demolition and new construction. The Community
and Neighborhood Services’ goal, under the Neighborhood Stabilization
Program, is to have 12 demolitions completed by August 31, 2009, and have 6
rehabilitations completed by the same date.
FINANCIAL IMPACT: Funding for the purchases will come from the City’s
$1,400,000 Neighborhood Stabilization Program Grant from the US Department
of Housing and Urban Development and being administered through the
Michigan State Housing Development Authority.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the purchases.
I. Approval of Contractor for Rehabilitation of House at 940 Wood.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Murphy & Son
Construction, 2519 MacArthur Road, Muskegon, Michigan, for the completion of
the rehabilitation to be located at 940 Wood, for the cost of $64,917.50.
After the total rehabilitation is completed, the home will be sold to a qualified
homebuyer, continuing the City’s aggressive neighborhood revitalization efforts
in the Angell Neighborhood area under the Neighborhood Stabilization
Program.
The City received two additional bids:
• LRS Enterprises Construction Company, of 525 Dangl Road, Muskegon, for
$84,380. This bid was rejected because it was not submitted on the bid
form supplied.
• Beattie Bros. Construction, of 2786 Holton Road, Twin Lake, for $100,664.
FINANCIAL IMPACT: The funding for the project will be taken from the City’s
Neighborhood Stabilization Program funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for the Community and Neighborhood
Services office to develop a contract with Murphy & Son Construction of
Muskegon, Michigan and direct the Mayor and Clerk to sign the contract.
J. Approval of Contractor for Lead Abatement of House at 940 Wood.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Murphy & Son
Construction, 2519 MacArthur Road, Muskegon, Michigan, for the completion of
the lead abatement of 940 Wood, for the cost of $22,550.
After the lead abatement is completed, the home will be totally rehabilitated
and then sold to a qualified homebuyer, continuing the City’s aggressive
neighborhood revitalization efforts in the Angell Neighborhood area under the
Neighborhood Stabilization Program.
The City received three additional bids:
• LRS Enterprises Construction Company, of 525 Dangl Road, Muskegon, for
$17,500. The bid was rejected because it was not submitted on the bid
form supplied.
• Statewide Abatement, of 1720 N. Creston, North Muskegon, for $26,900.
• Beattie Bros. Construction, of 2786 Holton Road, Twin Lake, for $54,621.
FINANCIAL IMPACT: The funding for the project will be taken from the City’s
Lead Grant funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval for the Community and Neighborhood
Services office to develop a contract with Murphy & Son Construction of
Muskegon, Michigan and direct the Mayor and Clerk to sign the contract.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Consent Agenda as read minus item E.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, and Wierengo
Nays: None
MOTION PASSES
2009-45 ITEM REMOVED FROM THE CONSENT AGENDA:
E. Gaming License Request. CITY CLERK
SUMMARY OF REQUEST: The Muskegon Big Red Athletic Foundation is requesting
a resolution recognizing them as a non-profit organization operating in the City
for the purpose of obtaining a Gaming License to sell raffle-calendars. They
have been recognized as a 501(c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Gaming License request by the Muskegon Big Red Athletic
Foundation.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Wierengo, and Wisneski
Nays: None
MOTION PASSES
2009-46 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – Great Lakes
Die Cast. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Great
Lakes Die Cast, 701 W. Laketon Avenue, has requested the issuance of an
Industrial Facilities Tax Exemption Certificate. The total capital investment will be
$355,000 in personal property and will create up to 20 jobs. This qualifies them
for a tax abatement of nine years.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of nine years for personal property.
The Public Hearing was opened to hear and consider any comments from the
public. Con Nolan, 18067 Fruitport, Spring Lake, President of Great Lakes Die
Cast gave an update.
Motion by Commissioner Shepherd, second by Commissioner Spataro to close
the Public Hearing and grant the Industrial Facilities Exemption Certificate.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Wierengo, Wisneski, and Carter
Nays: None
MOTION PASSES
2009-47 NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1692 Hoyt Street and 1451 Leahy Street. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Wisneski to concur
with the Housing Board of Appeals notice and order to demolish 1692 Hoyt
Street.
ROLL VOTE: Ayes: Shepherd, Spataro, Wierengo, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to concur
with the Housing Board of Appeals notice and order to demolish 1451 Leahy.
ROLL VOTE: Ayes: Spataro, Wierengo, Wisneski, Carter, Gawron, and Shepherd
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were made.
ADJOURNMENT: The City Commission Meeting adjourned at 5:58 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING ____________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 28, 2009
RE: Transportation Funding Resolution
SUMMARY OF REQUEST:
To adopt a resolution in support of a comprehensive transportation funding package to maintain
and improve Michigan’s roads.
FINANCIAL IMPACT:
A comprehensive transportation funding package would provide significant increased funding to
the City, as reflected by these figures provided by the Michigan Municipal League.
MDOT-MTF Forecast Scenario
AGENCY FY 2008 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014
City Reg & Tax Only Estimated Estimated Estimated Estimated Estimated
Muskegon 2,863,728 3,602,691 4,081,113 4,560,426 5,040,673 5,293,145
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To adopt the resolution and distribute it accordingly.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\TRANSPORTATION FUNDING RESOLUTION 052809
RESOLUTION REQUESTING COMPREHENSIVE ROAD AND TRANSIT FUNDING
WHEREAS, the Michigan Transportation Funding Task Force (TF2) issued a report in November 2008
that provides that Michigan must double its state and local funding for transportation infrastructure if the
state is to have a good transportation system; and
WHEREAS, the TF2 included a series of recommendations that would create a comprehensive
transportation funding package that addresses the immediate transportation needs in Michigan; and
WHEREAS, a “good” level of investment will sustain 126,000 Michigan jobs, attract new businesses,
and open new global markets for Michigan products and services, and $41 billion in additional
economic benefits can be generated for all sectors of Michigan’s economy; and
WHEREAS, Michigan’s transportation infrastructure is dependent upon long-term planning and ongoing
maintenance, both of which are dependent upon adequately funded revenue sources; and
WHEREAS, although the Michigan Department of Transportation (MDOT) has met its goal of having 90
percent of the state-maintained roads in good condition by 2007, the most recent MDOT Five-Year
Transportation Plan anticipates that future revenue will not be sufficient to maintain the progress made;
and
WHEREAS, Transportation analysts estimate that Michigan will be approximately $105 million short of
the necessary match to receive its share of federal transportation funding. This shortfall will result in
the loss of $576 million in federal transportation dollars beginning in FY 2011; and
WHEREAS, Michigan drivers will pay $7 billion annually in costs related to traffic accidents, lost time,
and wasted fuel as a result of traffic congestion and inadequate roads; and
WHEREAS, the Road Information Program (TRIP) estimates that the average cost of inadequate
roadways, annually, is $1,671 per driver in the Detroit metro area; $1,085 per driver in Grand Rapids;
$866 per driver in Lansing; and $785 per driver elsewhere in the state; and
WHEREAS, the quality of a region’s transportation system is an important factor in where many
businesses and industries may decide to locate, expand, or downsize; and
WHEREAS, a modern transportation system is critically important if Michigan is to take advantage of
economic development opportunities; and
WHEREAS, recently, a package of bills was introduced in the state Legislature that will gradually, over
the course of five to seven years, achieve the recommended TF2 investment level; and
WHEREAS, the City of Muskegon recognizes the above facts.
NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon moves that the Michigan
Legislature enact, and Governor Jennifer M. Granholm sign, legislation providing a comprehensive
transportation funding package to address our immediate needs that include:
A bill to allow for the use of public-private partnerships;
A bill to expand the Asset Management Program to include all public roads, pavement, ancillary
elements, utility locations, and transit programs;
A bill to allow for the use of toll revenues;
A bill to enable tax increment financing authorities (TIFA) for transportation purpose;
A bill to allow for private investment infrastructure funding (PIIF);
A bill to enable county funding options on driver licenses up to $25 on all operator’s licenses
and allow local capture of these funds for local transportation projects;
A bill to change motor fuel taxes from a flat-tax to an ad valorem rate;
A bill to increase vehicle registrations over a five-year period.
BE IT FURTHER RESOLVED, that this resolution shall be transmitted to Governor Jennifer Granholm,
to the State Senate, the State House of Representatives, and the Michigan Municipal League.
IN WITNESS WHEREOF, I hereunto set my hand and
cause the Seal of the City of Muskegon to be affixed this
_____ day of ______________, 2009.
_____________________________________________
Stephen J. Warmington, Mayor
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING _____________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 29, 2009
RE: Arena Management – JS Hockey Enterprises, Inc.
SUMMARY OF REQUEST:
To authorize the Mayor and City Manager to execute any and all documents pertaining to the
transfer of the management of the L.C. Walker Arena to JS Hockey Enterprises, Inc., including
documents pertaining to the Arena’s liquor license.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the request.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\ARENA MANAGEMENT – JS HOCKEY 052909
Date: 06/09/09
To: Honorable Mayor and City Commission
From: DPW
RE: Crack Sealing Machine
SUMMARY OF REQUEST: Authorize staff to enter into a rent/purchase
agreement with National Highway Maintenance.
FINANCIAL IMPACT: $25,985.00
BUDGET ACTION REQUIRED: None. The cost will be offset by savings on
other purchases.
STAFF RECOMMENDATION: Authorize staff into a rent/purchase agreement
with National Highway Maintinance.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 06/09/09
Re: Crack Sealing Machine
The Highway Department is proposing to add a second crack sealing
crew to help maintain the streets. The initial plan was to rent the
machine at a cost of $3,450.00 per month for four to five months.
After talking with the Highway Supervisors and the Director of
Public Works they plan to continue with a second crack sealing crew in
the future.
National Highway Maintenance out of Akron, Ohio is the company
that we planned to rent the crack sealing machine from. Their sales
representative has sent us a proposal to rent/purchase the machine for
six monthly payments of $4,330.84 and at the end we own the machine.
While this purchase was not budgeted in 2009, we feel that it is in the
best interest of the City to purchase instead of rent.
1
Date: June 2, 2009
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Special Events-Multiple Liquor License Request
Muskegon Eagles Aerie 668/Fraternal Order of
Eagles.
__________________________________________________________________
SUMMARY OF REQUEST: The Muskegon Fraternal Order of Eagles (Aerie 668) is
requesting a extension of their current liquor license to be able to serve non-
members during the Muskegon Summer Celebration (June 26th through July 5th) The
following temporary alcohol licenses have been approved for this time period:
Muskegon Summer Celebration, Mike’s Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
request at their May 18th meeting.
Date: June 2, 2009
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Special Events-Multiple Liquor License Request
Muskegon Eagles Aerie 668/Fraternal Order of
Eagles.
__________________________________________________________________
SUMMARY OF REQUEST: The Muskegon Fraternal Order of Eagles (Aerie 668) is
requesting an extension of their current liquor license to be able to serve non-
members during the Muskegon Bike Time Event, scheduled July 17th through July
19th. The following temporary alcohol licenses have been approved for this time
period: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike’s Inn.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None
COMMITTEE RECOMMENDATION: The Leisure Services Board has approved this
request at their May 18th meeting.
Date: June 3, 2009
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Special Event Multiple Liquor License Request-
The Muskegon Yacht Club
__________________________________________________________________
SUMMARY OF REQUEST: The Muskegon Yacht Club is requesting an extension of
their current liquor license to be able to host the Queens Cup Regatta on June 27,
2009. The following temporary alcohol licenses have been issued for this date:
Muskegon Summer Celebration, and Mike’s Inn.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
COMMITTEE RECOMMENDATION: The Leisure Services Staff approved this
request.
Date: June 2, 2009
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Muskegon Bike Time Events, Inc.
July 17th thru July 19th, 2009
SUMMARY OF REQUEST: To approve the request from Muskegon Bike Time
Events Inc, subject to the conditions outlined in the attached memo.
FINANCIAL IMPACT: Request that equipment rental fees be waived. In exchange
they will provide a pre-negotiated amount of beverage tent wristbands. The
exchange will be coordinated with the City Manager.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request from Bike Time, with the
conditions outlined in the memo from Staff.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
event at their May 18th meeting, subject to staff approval of individual requests.
MEMO
To: Honorable Mayor & City Commission
CC. Bryon Mazade, City Manager
From: Cathy Brubaker-Clarke, Director of Community & Economic Development
Date: June 3, 2009
Re: Bike Time Request- Staff Recommendations
Staff is excited to once again be working with the Bike Time Committee on another outstanding
event in Muskegon. We are fully supportive of the event and realize the benefits to Muskegon.
Staff has reviewed the request from Bike Time (submitted in Bike Time’s letter dated April 22,
2009) and has conditions to some of the specific requests.
1) Bike Time may have exclusive use of Western Avenue from Terrace Street to 8th Street
for motorcycle traffic and motorcycle parking only.
2) Bike Time may have exclusive use of Market Street from Terrace Street to Jefferson
Avenue for vendors and motorcycle parking.
3) Due to the fact that there are businesses located on Western Avenue east of Third Street
and the Post Office must remain open, staff is requiring that: (a) First Street from
Shoreline to Western must remain open (in addition, First Street between Western and
Clay is not a public street and the City has no jurisdiction over it). (b) Morris from Third to
Terrace must remain open to allow access to businesses and to the office complexes at
Morris and Terrace. (c) The bikes will have to make their turns to go back west on
Western from Jefferson and not from Terrace. No closures or impediments are allowed
along Terrace. In addition, Hackley Park is reserved for a Party in the Park on July 17.
Clay Street, between Third and Fourth Street should be available for Party in the Park on
the evening of July 17. In addition, Bike Time has not provided a map of the final
route for the Event. Therefore, it is recommended that final approval for the route
be given by staff.
4) Staff recommends that Bike Time be allowed to use the City’s parking lot across from
L.C. with the following conditions: a) Bike Time must use reasonable anchors to prevent
permanent damage to the asphalt surface. Approval for “reasonable anchors” should be
secured through the City’s Engineering Department. b) Bike Time contact MISS DIG and
Belasco Electric prior to the event to insure no underground utilities (private or public) are
interfered with. c) Use of the parking lot is contingent on approval from LC Walker Arena
(to insure they have no event scheduled during this time). d) Consumer’s must be
contacted prior to the event and at the conclusion to the event to read the electric meter
panel (in order that the City is property reimbursed for electrical usage at the site).
5) The City’s portion of the fourth street & Shoreline parking belongs to L.C management.
Therefore, a separate agreement must be made between Bike Time and L.C.
management for that lot. In addition, Bike Time is responsible for securing its own
electrical service on site (not the City’s).
6) Staff recommends that exclusive peddling rights only be considered in the immediate
area of Bike Time (between Shoreline Drive to the East- East of Terrace, Seventh Street
to the West, the lakeshore to the North and Webster Avenue on the South- additional
information will be needed from Bike Time regarding the exact boundaries, with final
approval by staff recommended). First Street from Western to Clay cannot be included in
this request, as it is not public. Mart, should not be a part of this request as it provides for
the only access to the Amazon building while Western is closed off.
7) The City will not be tied to notifying Bike Time of requests for use of City facilities.
8) Staff recommends that each beverage tent and liquor request for the Bike Time event be
reviewed by the City for approval.
9) Bike Time may use the corner of 6th Street and Western in the street on 6th and the
corner of 4th and Western in the street on 4th closest to the LC Walker Arena and on the
corner of 1st Street for Merchandise Tents.
10) Additional information will be needed regarding equipment for Bike Time. It is
recommended that staff make the final decision regarding rental fees, actual costs,
and/or exchange of concert tickets.
11) Staff recommends that Bike Time seek approval from the City for their specific use of
their own labor pool. There are implications with this, particularly in relation to public
safety staff. In addition, the City is willing to review staffing levels for City personnel with
the Bike Time staff, with the City making the final decision on the number of City staff
needed for the event.
12) The City will provide an estimated list of all fees incurred by Bike Time from the City of
Muskegon.
13) Additional labor and equipment use not outlined in the application will be cleared through
Bike Time, providing it does not involve public safety or an emergency matter.
14) City Staff will plan to meet (in fact, they already have been meeting) with Bike Time staff
regarding staffing levels for City personnel.
15) Bike Time may not close off 7th Street between Clay and Western.
16) Bike Time is required to designate one person from their committee to work individually
with staff and provide the name of the person to the Leisure Services Department by July
8, 2009. This person is required to be available in person, or by cell phone, throughout
the entire Bike Time Event (from set up on Thursday to take down on Monday).
17) Bike Time is required to notify staff by July 8, 2009 as to the equipment needed for the
event. If Bike Time picks up the items for distribution at the proper locations (picnic
tables, trash cans, etc), there will be no charge to Bike Time. This must first be approved
by City Staff. No further requests are to be made after July 8, 2009.
18) Bike Time is responsible for removing trash from the permanent containers downtown
during the Event.
City staff recommends approval of the Bike Time request, per the letter from Brett Gilbert, dated
April 22, 2009, with the exceptions listed above.
Commission Meeting Date: June 9, 2009
Date: June 3, 2009
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
Re: Final CDBG/HOME Allocations from HUD
________________________________________________________________________
SUMMARY OF REQUEST: For the City Commission to make an additional
allocation decision concerning the 2009-2010 Community Development Block
Grant/HOME Partnership Program allocations for this coming fiscal year.
During the March 24, 2009 City Commission meeting, the Commission made
their final decision on the 2009 – 2010 CDBG/HOME Partnership allocations.
Since then HUD has revised the total amounts for the grants. CDBG was
increased from $984,207 to $999,433 and HOME was increased from
$290,049 to $322,469. The City Administration made the following
recommendations:
CDBG
Increase the Veterans from $3,000 to $5,000 - $2,000 increase
Increase Façade from $5,000 to $8,500 - $3,500 increase
Increase Youth Recreation from $75,000 to $80,000 - $5,000 increase
Increase the American Red Cross from $3,500 to $5,000 - $1,500 increase
Increase Summer Interns from $6,260 to $8,000 - $1,750 increase
Increase Legal Aid Foreclosures from $8,500 to $9,976 - $1,476 increase
Total Increase is $15,226.
The CDC made two changes to the City’s CDBG recommendations:
Increase Youth Recreation from $75,000 to $79,000 - $4,000 increase
Increase Muskegon Community Health Project from $2,750 to $3,750 -
$1,000 increase. Their reasoning for this increase is this program deals
with uninsured diabetics and this is such a growing problem in Muskegon.
HOME
Increase HOME Admin from $22,500 to $25,742 - $3,242 increase
Increase Rental Rehab from $70,000 to $74,727 - $4,727 increase
Page 1 of 2
Increase Sr. Weatherization from $125,549 to $150,000 - $24,451 increase
Total increase is $32,420.
The CDC made two changes to the City’s HOME recommendations:
Increase Sr. Weatherization from $125,549 to $45,000 – increase $19,349.
Increase Habitat for Humanity from $50,000 to $55,000 - $5,000 increase.
Their reasoning for this increase is that Habitat always needs and uses any
funds given them for their Muskegon projects.
After receiving the Commissions final allocation decision, the Community and
Neighborhood Services office will amend the appropriate CDBD Subrecipient
Agreements and HOME CHDO Agreements.
FINANCIAL IMPACT: The decision will determine how the Community
Development Block Grant /HOME Partnership Program final funding will be
allocated for the 2009-2010 fiscal year.
BUDGET ACTION REQUIRED: The Commission actions will establish the
fiscal year’s budget.
STAFF RECOMMENDATION: The Commission previously received the
administration recommendations.
COMMITTEE RECOMMENDATION: The Commission also received the
Citizen District Council recommendations.
Page 2 of 2
Community Development Block Grant 2009 - 2010 - FINAL
Amount Administration CDC City Commission City Comm
Organization/Agency Activity Requested Recommendation Rec Previous Final Rec. Final Determination
Love INC Handicap Ramps* $5,000 $2,500 $3,500 $3,500 $3,500
American Red Cross Senior Transportation* $5,000 $5,000 $5,000 $3,500
West Michigan Veterans Food Bank* $5,000 $5,000 $5,000 $3,000
Community enCompass Healthy Neighborhood Project* $6,000 $1,850 $3,850 $3,850 $3,850
COM - DPW Senior Transit* $64,724 $42,500 $42,500 $42,500 $42,500
COM - Planning CDBG Code Enf Code Enforcement $57,675 $45,000 $45,000 $45,000 $45,000
COM - Planning Comm Economic Dev Façade $10,000 $8,500 $8,500 $5,000
COM - CNS CDBG Service Delivery Delivery Service $82,000 $70,000 $70,000 $70,000 $70,000
COM - Finance Bond Repayment Fire Station Bond $150,619 $150,619 $150,619 $150,619 $150,619
HealthCARE Health Outreach* $3,500 $2,750 $3,500 $3,500 $3,500
Legal Aid Housing Related Legal Services* $5,500 $3,500 $3,500 $3,500 $3,500
Legal Aid Foreclosure Legal Aid* $16,500 $9,976 $9,976 $8,500
Muskegon Community Health Project Uninsured Diabetes Outreach* $5,000 $0 $3,750 $2,750
COM - CNS CDBG Administration Admin ** $179,000 $158,500 $158,500 $158,500 $158,500
COM - Engineering Street Construction Street Construction $65,000 $48,500 $48,500 $48,500 $48,500
COM - Leisure Services Youth Recreation* $112,405 $80,000 $79,000 $75,000
COM - CNS CDBG Siding Vinyl Siding $210,000 $172,500 $172,500 $172,500 $172,500
COM - CNS CDBG Emergency Repair Emergency Repair $200,000 $175,000 $176,500 $176,500 $176,500
COM - Inspections Dangerous Bldgs Demolition & Board Ups $57,500 $43,500 $43,500 $43,500 $43,500
COM - Affirmative Action Affirmative Action $5,000 $3,750 $4,500 $4,500 $4,500
COM - Affirmative Action Summer Internships $10,000 $8,000 $8,000 $6,250
Total CDBG Request $1,255,423 $1,036,945 $1,045,695 $1,030,469 $926,469
Total CDBG Allocated $999,433 $999,433 $999,433 $999,433 $999,433
NOTE: Expected program income $50,000 $50,000 $50,000 $50,000 $50,000
* Public Service Total $1,049,433 $1,049,433 $1,049,433 $1,049,433 $1,049,433
** City CDBG Administration Allocated/Request Difference ($205,990) $12,488 $3,738 $18,964 $122,964
Total Amt of Public Service* $228,629 $153,076 $159,576 $149,600 $56,850
Public Service mandated Amt </= to 15% $157,415 $157,415 $157,415 $157,415 $157,415
Difference ($71,214) $4,339 ($2,161) $7,815 $100,565
Total Amt of City Administration Request** $179,000 $158,500 $158,500 $158,500 $158,500
Administrative mandated Amt < 20% $209,887 $209,887 $209,887 $209,887 $209,887
Difference $30,887 $51,387 $51,387 $51,387 $51,387
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\2009-2010 CDBG-HOME Grants Spreadsheet
HOME Grant 2009 - 2010 - FINAL
Amount Administration CDC City Commission City Comm
Organization/Agency Activity Requested Recommendation Rec Previous Final Rec. Final Determination
Community enCompass Housing Transition Asst**** $70,000 $38,000 $48,000 $48,000 $48,000
Community & Neighborhood Servicesc HOME Administration*** $22,500 $25,742 $25,742 $22,500
Community & Neighborhood Servicesc HOME Rental Rehabiliation $75,000 $74,727 $74,727 $70,000
Community & Neighborhood Servicesc HOME Sr Weatherization/Energy Consrvtn $140,000 $150,000 $145,000 $125,549
Muskegon County Habitat for Humanity Infrastructure/construction (3 homes)**** $55,000 $0 $55,000 $50,000
Neighborhood Investment Corporation Home purchase rehab loans**** $120,000 $38,000 $48,000 $48,000 $48,000
Total HOME Request $482,500 $326,469 $396,469 $364,049 $96,000
Total HOME Allocated $322,469 $322,469 $322,469 $322,469 $322,469
(+) Program Income $80,000 $80,000 $80,000 $80,000 $80,000
NOTE: $402,469 $402,469 $402,469 $402,469 $402,469
*** Home Administration Allocated/Request Difference ($80,031) $76,000 $6,000 $38,420 $306,469
**** CHDO Request
Total Amt of HOME Administration*** $22,500 $25,742 $25,742 $22,500 $0
Total Amt mandated Amt = 10% $40,247 $40,247 $40,247 $40,247 $40,247
Difference $17,747 $14,505 $14,505 $17,747 $40,247
Total Amt of HOME CHDO request**** $245,000 $76,000 $151,000 $146,000 $96,000
Total Amt mandated 15% $48,370 $48,370 $48,370 $48,370 $48,370
Difference ($196,630) ($27,630) ($102,630) ($97,630) ($47,630)
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\2009-2010 CDBG-HOME Grants Spreadsheet
DATE: 08/19/2008
TO: Honorable Mayor and Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN070238
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
254 AMITY AVE Area 11 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN070238 254 Amity
Location and ownership: This structure is located on Amity between Fork and
Jay Streets and is owned by Marilyn Brewster, 347 Shonat St., Apt #5,
Muskegon, MI 49442.
Staff Correspondence: A dangerous building inspection was conducted on
11/08/07. An interior inspection was conducted 11/30/07. The Notice and Order
to Repair was issued on 11/28/07. On 02/07/08, 03/06/08, and 04/03/08, the
HBA tabled case to allow owner time to secure loan, establish timeline for repairs
and obtain necessary permits. On 05/01/08 the HBA declared the structure
substandard and dangerous. As of 08/19/08 no permits have been issued and no
timeline submitted.
Owner Contact: Ms. Brewster was present for all HBA meetings stating she was
working with Neighborhood Investment Corp to get loan to complete repairs and
there were delays in getting taxes paid and obtaining insurance.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: 12,800
Estimated cost to repair: $25,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
AGENDA ITEM NO. ___________________
CITY COMMISSION MEETING _____________________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: June 2, 2009
RE: Resolutions for City Charter Amendments
SUMMARY OF REQUEST:
To approve resolutions for the following City Charter amendments:
(1) Resolution allowing City Commission to change the fiscal year;
(2) Resolution revising the Charter relating to the tax collection cycle;
(3) Resolution changing the date for submission of the budget;
(4) Resolution eliminating the Charter provision relating to Board of Review sessions;
(5) Resolution eliminating requirement for primaries;
(6) Resolution eliminating the Civil Service System.
FINANCIAL IMPACT:
Certain Charter amendments could provide significant financial benefit to the City.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolutions.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA - CHRTR AMNDMNTS RESOLUTIONS 060209
CITY OF MUSKEGON
Resolution No. ___________
A Resolution of the Muskegon City Commission to propose for adoption by the voters of the
City of Muskegon an Amendment to the City Charter concerning establishing the fiscal year of
the City.
The City Commission of the City of Muskegon resolves that the following amendment to
the City Charter shall, upon approval of the Governor, be submitted to the Electors of the
City in accordance with the Home Rule Cities Act of the State of Michigan:
Proposed Charter Amendment
City of Muskegon
Amend Chapter VIII, Section 1 of the Charter, to read in its entirety as follows:
Section 1. Fiscal year.
The fiscal year of the City shall be established by ordinance adopted by the City Commission.
Be It Further Resolved that the following language shall be placed upon the ballot at the
election in accordance with the Home Rule Cities Act:
CITY BALLOT PROPOSAL ____
The ballot proposal would allow the City Commission to establish the fiscal year by
ordinance by amending Muskegon City Charter Chapter VIII, Section 1. Presently, the
City Charter provides that the fiscal year begins on January 1. The amendment would
permit changing the starting date of the fiscal year. Shall the Muskegon City Charter be
amended to provide that the fiscal year for the City be established by an ordinance
adopted by the City Commission?
Be It Further Resolved that the proposed charter amendment, as adopted by the City
Commission, shall be published in the Muskegon Chronicle, and a reasonable number of copies
be made available before the election.
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THIS RESOLUTION ADOPTED:
AYES _______________________________________________________________________
_____________________________________________________________________________
NAYES ______________________________________________________________________
_____________________________________________________________________________
CITY OF MUSKEGON
By: __________________________
Ann Marie Becker, City Clerk
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the ________
day of _______________, 2009, and that the minutes of the meeting are on file in the office of
the City Clerk and are available to the public. Public notice of the meeting was given pursuant to
and in compliance with Act 267, Public Acts of Michigan, 1976.
______________________________
Ann Marie Becker, City Clerk
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CITY OF MUSKEGON
Resolution No. ___________
A Resolution of the Muskegon City Commission to propose for adoption by the voters of the
City of Muskegon an Amendment to the City Charter concerning the levying and collection of
property taxes in the City.
The City Commission of the City of Muskegon resolves that the following amendment to
the City Charter shall, upon approval of the Governor, be submitted to the Electors of the
City in accordance with the Home Rule Cities Act of the State of Michigan:
Proposed Charter Amendment
City of Muskegon
Amend Chapter XI, Section 4 of the Charter, to read in its entirety as follows:
Section 4. Annual appropriation resolution; delivery to Assessor.
On or before the date necessary in order to levy the City’s and the Board of
Education’s millage, in each year, the City Clerk shall make and deliver to the Assessor a
certified copy of the annual appropriation resolution and of the statement of school taxes
as prepared by the Board of Education of the public schools of the City of Muskegon
filed in the City Clerk’s office.
Be It Further Resolved that the following language shall be placed upon the ballot at the
election in accordance with the Home Rule Cities Act:
CITY BALLOT PROPOSAL ____
The ballot proposal eliminates the specific date of delivery of the annual appropriation
resolution to the Assessor by amending Muskegon City Charter Chapter XI, Section 4.
Presently, the City Charter provides that the annual appropriation must de delivered to the
Assessor by October 1. The amendment would require that the annual appropriation
resolution be delivered by the date necessary to levy the City’s and school’s millage.
Shall the Muskegon City Charter be amended to provide that the annual appropriation
resolution be delivered to the Assessor by the date necessary to levy the City’s and
School’s millage?
Be It Further Resolved that the proposed charter amendment, as adopted by the City
Commission, shall be published in the Muskegon Chronicle, and a reasonable number of copies
be made available before the election.
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THIS RESOLUTION ADOPTED:
AYES _______________________________________________________________________
_____________________________________________________________________________
NAYES ______________________________________________________________________
_____________________________________________________________________________
CITY OF MUSKEGON
By: __________________________
Ann Marie Becker, City Clerk
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the ________
day of _______________, 2009, and that the minutes of the meeting are on file in the office of
the City Clerk and are available to the public. Public notice of the meeting was given pursuant to
and in compliance with Act 267, Public Acts of Michigan, 1976.
______________________________
Ann Marie Becker, City Clerk
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CITY OF MUSKEGON
Resolution No. ___________
A Resolution of the Muskegon City Commission to propose for adoption by the voters of the
City of Muskegon an Amendment to the City Charter concerning the dates for submission and
adoption of the City's budget.
The City Commission of the City of Muskegon resolves that the following amendment to
the City Charter shall, upon approval of the Governor, be submitted to the Electors of the
City in accordance with the Home Rule Cities Act of the State of Michigan:
Proposed Charter Amendment
City of Muskegon
Amend Chapter VIII, Section 3 of the Charter, to read in its entirety as follows:
Section 3.
By the dates established by ordinance adopted by the City Commission, the City Manager shall
submit to the City Commission an estimate of the contemplated expenditures and revenues for
the ensuing year and the City Commission shall determine the amount and purpose of the
necessary expenditures for such year and shall adopt a resolution fixing the amount of the
appropriation to be made therefor. Provided, however, that the amount appropriated shall
comply with Section 21 of Article 10 of the State Constitution of Michigan [1904] and be based
on the assessable property of the City as established by the assessment roll for the current year.
Be It Further Resolved that the following language shall be placed upon the ballot at the
election in accordance with the Home Rule Cities Act:
CITY BALLOT PROPOSAL ____
The ballot proposal would allow the City Commission to adopt an ordinance establishing
the date by which the City’s budget must be adopted by amending Muskegon City
Charter Chapter VIII, Section 3. Presently, the City Charter provides that the City’s
proposed budget must be presented to the City Commission by September 1 and adopted
by September 25. The amendment would permit changing the dates for submission and
adoption of the budget. Shall the Muskegon City Charter be amended to provide that the
dates for submission and adoption of the City’s budget be established by an ordinance?
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\F58473-Charter Amendment alter budge.DOC
Be It Further Resolved that the proposed charter amendment, as adopted by the City
Commission, shall be published in the Muskegon Chronicle, and a reasonable number of copies
be made available before the election.
THIS RESOLUTION ADOPTED:
AYES _______________________________________________________________________
_____________________________________________________________________________
NAYES ______________________________________________________________________
_____________________________________________________________________________
CITY OF MUSKEGON
By: __________________________
Ann Marie Becker, City Clerk
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the ________
day of _______________, 2009, and that the minutes of the meeting are on file in the office of
the City Clerk and are available to the public. Public notice of the meeting was given pursuant to
and in compliance with Act 267, Public Acts of Michigan, 1976.
______________________________
Ann Marie Becker, City Clerk
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CITY OF MUSKEGON
Resolution No. ___________
A Resolution of the Muskegon City Commission to propose for adoption by the voters of the
City of Muskegon an Amendment to the City Charter concerning the Board of Review.
The City Commission of the City of Muskegon resolves that the following amendment to
the City Charter shall, upon approval of the Governor, be submitted to the Electors of the
City in accordance with the Home Rule Cities Act of the State of Michigan:
Proposed Charter Amendment
City of Muskegon
Amend Chapter XI, Section 2 of the Charter, to read in its entirety as follows:
Section 2. Board of Review; Composition; Sessions; Regulations.
The composition of the Board of Review, schedule of meetings, the purpose of the Board of
Review and order of proceedings shall be as specified in Michigan general property tax act.
Be It Further Resolved that the following language shall be placed upon the ballot at the
election in accordance with the Home Rule Cities Act:
CITY BALLOT PROPOSAL ____
The ballot proposal provides that the composition, meeting dates and procedure of the
board of review shall be set by state law by amending Muskegon City Charter Chapter
XI, Section 2. Presently, the City Charter provides the details of the board of review
sessions. The amendment would provide that state law would establish the schedule and
procedures of the Board of Review. Shall the Muskegon City Charter be amended to
provide that the Board of Review composition, meeting dates, and operations shall be as
provided in the general property tax act?
Be It Further Resolved that the proposed charter amendment, as adopted by the City
Commission, shall be published in the Muskegon Chronicle, and a reasonable number of copies
be made available before the election.
O:\CLERK\POTTER\WORD\Agenda Backup\Charter Amendment Board of Review.DOC
THIS RESOLUTION ADOPTED:
AYES _______________________________________________________________________
_____________________________________________________________________________
NAYES ______________________________________________________________________
_____________________________________________________________________________
CITY OF MUSKEGON
By: __________________________
Ann Marie Becker, City Clerk
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the ________
day of _______________, 2009, and that the minutes of the meeting are on file in the office of
the City Clerk and are available to the public. Public notice of the meeting was given pursuant to
and in compliance with Act 267, Public Acts of Michigan, 1976.
______________________________
Ann Marie Becker, City Clerk
O:\CLERK\POTTER\WORD\Agenda Backup\Charter Amendment Board of Review.DOC
CITY OF MUSKEGON
Resolution No. ___________
A Resolution of the Muskegon City Commission to propose for adoption by the voters of the
City of Muskegon to repeal Chapter XV of the City Charter concerning the City’s Civil Service
System.
The City Commission of the City of Muskegon resolves that the following amendment to
the City Charter shall, upon approval of the Governor, be submitted to the Electors of the
City in accordance with the Home Rule Cities Act of the State of Michigan:
Proposed Charter Amendment
City of Muskegon
Be It Resolved to Repeal Chapter XV of the Charter in its entirety, which presently provides as
follows:
CHAPTER XV. CIVIL SERVICE
Section 1. Board of civil service commissioners; appointment, term, filling
vacancies, compensation.
The Mayor by and with the consent and advice of the City Commission shall appoint
three persons, citizens and residents of said City, who shall constitute and be known as
the board of civil service commissioners of such City, and shall designate one of the
persons so appointed to serve for a term of two years, one for a term of four years and
one for a term of six years from the first day of January in the year of their appointment
and until their respective successors are appointed and qualified. Each alternate year
thereafter the Mayor with the advice and consent of the City Commission shall appoint
one person as the successor of the member whose term shall expire to serve for six years.
Any vacancy shall be filled by the Mayor with the advice and consent of the City
Commission for the unexpired term. No member shall hold any other lucrative office or
employment, except notaries public, under the United States, the State of Michigan, or
any municipal corporation or political division thereof, and each Commissioner shall
before entering upon the discharge of the duties of his office and within ten days after
receiving notice of his appointment, take and subscribe the oath of office prescribed by
the Constitution of this State, and file the same, duly certified by the officer administering
it with the Clerk of the City. The Commission shall at a meeting in January of each
alternate year following the appointment of the commissioner to be appointed at each
alternate year, elect one member to act as president and one member to act as vice
president, each for a term of two years, and until successor is duly elected. Two
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commissioners shall constitute a quorum necessary for the transaction of business. The
Mayor with the advice and consent of the City Commission may remove a commissioner
during a term of office only upon stating in writing the reasons for removal and allowing
him an opportunity to be heard in public in his own defense and to be represented by
counsel at any and all hearings on proceedings of removal from office. The Commission
shall serve without salary.
Section 2. Powers and duties.
The Commission shall classify all the offices of employment; shall make rules for the
examination and selection of persons to fill the offices and positions in the classified
service; shall supervise the administration of the civil service rules, hold examinations
thereunder from time to time, giving due notice thereof, prepare and keep an eligible list
of persons passing such examinations, and certifying the names of persons thereon to
appointing officers of the several departments; shall by itself or otherwise investigate the
enforcement of the provisions of this chapter of the Charter, of its own rules and of the
action of appointees in the classified service; provided however, that the rules made by
the Commission and the system in marking examinations thereunder shall not be changed
for a period of thirty days prior to or after such examinations and such systems of
marking shall be published in advance of such examinations and copies furnished to all
applicants. No credit shall be allowed for experience until the applicant taking the
examination has at least attained the percentage fixed as the minimum.
Section 3. Classified service; applicants, examination required.
All applicants for office or positions in said classified service, except those otherwise
specified, shall pass an examination. All persons desiring to appear for examination shall
file with the Commission a statement in relation to their name, residence and post office
address; their citizenship; their age, place of birth, health and physical capacity for the
public service; previous employment in the public service; business or employment and
residence for the previous five years and their education.
Section 4. Eligible lists, grades; leaves, transfers, resignations.
For [From] the returns of the examinations held by the Commission, it shall prepare an
eligible list for each grade or class of position in the competitive classified service of the
City. The Commission shall strike off the names of candidates from the eligible list after
they have remained thereon one year, provided however, that any list may be extended by
the Commission for a period of not exceeding one year. The Commission may upon the
written request of any person who has previously been in the classified service for a
continuous period of not less than three years grant upon request to such person a leave of
absence to engage in other work of a governmental nature or character provided that the
reasons for the requesting and granting of such leave of absence are at the time of such
request and permission made a part of the minutes of the proceedings of the Commission.
The Commission may grant leaves of absence for reasons of health or for service in
defense of country and upon the expiration of the term of leave as fixed by the
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Commission or extended by it upon further application for an extension, reinstate said
person in the service in the same kind and grade of work he was performing at the time of
his request for leave of absence. The Commission may upon written request of any
person who has previously been in the classified service for a continuous period of not
less than three years and who shall not have been out of the service for more than one
year, and who shall have resigned from the service in good standing, reinstate said person
in the service by placing him at the foot of the eligible list applicable to such kind and
grade of service.
Section 5. Filling positions, procedure.
The head of any department in which a position is to be filled shall notify the
Commission of that fact and in the even the position is to be filled by promotion from one
grade of service to another, then the Commission shall certify to the appointing officer
the name and address of the person standing highest on the eligible list for promotion, but
in the event that the position to be filled is one for which a vacancy exists, then the
Commission shall certify to the appointing officer the names and addresses of the three
persons standing highest on the eligible list. At or before the expiration of the period of
probation the head of the department or office in which a candidate is employed may,
with the consent of said Commission, based upon the written reasons submitted to it,
discharge him, or the Commission may transfer him to another department with the
consent of the head of such department, but if not discharged prior to the expiration of the
period of probation, as hereinafter fixed, his appointment shall be deemed complete.
Section 6. Promotions; regulations authorized.
The Commission shall provide the rides for promotion to all offices in the classified
service, based upon merit, efficiency, character, conduct and seniority.
Section 7. Appointive officers; civil service regulations inapplicable.
The following officers and employees shall not be affected by the provisions of the civil
service: Officers appointed by the City Commission; directors of the several City
departments as in this Charter defined.
Section 8. Temporary appointments; procedure.
To prevent the delay of special business or to meet extraordinary exigencies, the
appointing officer of each department with the approval of the Civil Service Commission,
may make temporary appointments to remain in force not exceeding sixty days, and only
until legal appointments under the provisions of this chapter can be made, provided,
however, that no person who does not possess the minimum requirements for such
position as may be prescribed by the rules of the Civil Service Commission shall be
permitted to serve in such temporary positions. No person shall receive more than one
temporary appointment in any one fiscal year. In case of an emergency or in the event of
the necessity for filling such positions created by an emergency, an appointment may be
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made of not to exceed thirty days duration, which appointment shall be immediately
reported to the Civil Service Commission.
An appointment or promotion shall not be deemed complete until a period of probation of
not to exceed six months has elapsed and a probationer may be discharged or reduced at
any time within said period of probation upon written recommendation of the department
head with the advice and consent of the Civil Service Commission.
If at any time it shall be deemed necessary by the Municipal Government or any division
thereof to reduce the personnel of any department such reduction shall be had by
suspending in numerical order, commencing with the probationers, if any, then the last
appointee and continuing until such reduction in personnel as may be required by the
particular exigencies of the time, shall have been made. Any increase of personnel of
such department to the status or number existing prior to said reduction shall be by
reinstating the last employee so suspended and continuing in numerical order until all
such reinstatements shall have been made.
Section 9. Classified service, unclassified service; composition.
The Civil Service of the City is hereby divided into classified and unclassified service.
The unclassified service shall include the several officers and positions hereinbefore
described to be excepted from the provisions of this chapter. The classified service shall
comprise all positions not specifically included in this Charter in the unclassified service.
There shall be in the classified service three classes to be known as the competitive class,
noncompetitive class and labor class. The competitive class shall include all positions
and employment for which it is practical to determine the merit of applicants by
competitive examination. The noncompetitive class shall consist of all positions
requiring peculiar and exceptional qualifications of a scientific, managerial, professional
or educational character as may be determined by the rules of the Civil Service
Commission. The labor class shall include ordinary unskilled labor.
Section 10. Classified service; discharge, suspension, reduction in rank,
compensation; hearing required.
No employee under the classified service shall be discharged or reduced in rank or
compensation until he has been presented with the reasons for such discharge or
reduction specifically stated in writing, and has been given an opportunity to be heard in
his own defense and any counsel retained by him may present his cause to the Civil
Service Commission. The reasons for such discharge or reduction and any report in
writing thereunder by such employee shall be filed with the Civil Service Commission.
Any employee of any department in the classified service who is suspended, reduced in
rank or dismissed, may appeal to the Civil Service Commission which shall designate the
manner, time and place by and at which such appeal shall be heard. All hearings before
the said Civil Service Commission shall at all times be open to the public. In the event
that the Civil Service Commission shall not sustain the charges made against such
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employee, the said employee shall thereupon be entitled to resume his position and to
receive compensation for the time lost.
Section 11. Civil Service Commission; members, gifts, compensation, etc.;
prohibited.
No member of the Civil Service Commission shall receive any money or other valuable
consideration from any candidate for appointment, for examination or from any other
person for or on account of said candidate, nor shall any officer or employee of the City
be permitted to give either directly or indirectly to any person any money or other
valuable consideration whatsoever for, or on account of his promotion.
Section 12. Personnel director; appointment authorized; compensation, restriction.
The Civil Service Commission may appoint a personnel director who shall act and serve
under the direction of said Commission and at the pleasure of such Commission, and
such personnel director may be an employee in the municipal service. The salary of such
personnel director, if he is taken from other than a municipal service, shall be fixed by the
Commission, but if taken from the municipal service, he shall fill the duties of personnel
director without other compensation than that paid him in his other employment.
Section 13. Present employees; appointments, eligibility; examinations waived.
All persons in the employ of the City holding positions in the classified service at the
time of the going into effect of the Chapter as such services are defined by this Chapter of
the Charter, are hereby declared eligible for permanent appointment without examination
or other act on their part.
Section 14. Political, religious, etc., beliefs; discrimination prohibited.
No discrimination shall be exercised, threatened or promised to any person coming under
the provisions of this chapter of the Charter because of his political or religious opinions,
beliefs or affiliations.
Section 15. Department payrolls; delivery to Commission.
The Commission shall be furnished by each department under its jurisdiction with a copy
in duplicate of each payroll on the day designated by the Commission, and the
Commission shall examine such copies to determine if all the names and no other names
are on said payroll than those on the active list and that they have been properly certified
by the Commission.
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Section 16. City Commission; civil service, maintenance; annual appropriation
required.
The City Commission shall appropriate each year a sufficient sum to carry out the several
provisions of the chapter of the Charter.
Section 17. Conflicting provisions repealed.
Any provisions of any chapter or section thereof of the Charter of the City of Muskegon
which may be found to be in conflict with any of the provisions of this chapter and the
several sections thereof or inconsistent therewith are hereby repealed.
Be It Further Resolved that the following language shall be placed upon the ballot at the
election in accordance with the Home Rule Cities Act:
CITY BALLOT PROPOSAL ____
The ballot proposal would eliminate the Muskegon Civil Service System by repealing
Muskegon City Charter Chapter XV. Presently, the City Charter provides for a Civil
Service System, including the establishment of a Civil Service Commission and the
hiring, promotion and discipline process. The amendment would eliminate the Civil
Service System and permit the City Commission to establish a personnel system. Shall
the Muskegon City Charter be amended to provide that the Muskegon Civil Service
System be eliminated?
Be It Further Resolved that the proposed charter amendment, as adopted by the City
Commission, shall be published in the Muskegon Chronicle, and a reasonable number of copies
be made available before the election.
THIS RESOLUTION ADOPTED:
AYES _______________________________________________________________________
_____________________________________________________________________________
NAYES ______________________________________________________________________
_____________________________________________________________________________
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CITY OF MUSKEGON
By: __________________________
Ann Marie Becker, City Clerk
CERTIFICATE
STATE OF MICHIGAN
COUNTY OF MUSKEGON
I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the City Commissioners of the City of Muskegon, Michigan, held on the
___________ day of ___________, 2009, and that the minutes of the meeting are on file in the
office of the City Clerk and are available to the public. Public notice of the meeting was given
pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976.
______________________________
Ann Marie Becker, City Clerk
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