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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 10, 2012
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Control System Annual Software Update/Support. WATER FILTRATION
C. S.E.I.U. Unit 1 – Clerical Contract. CITY MANAGER
D. S.E.I.U. Unit 2 – DPW Contract. CITY MANAGER
E. Agreement – Digital Spectrum Enterprises (DSE). CITY CLERK
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Amendment to the Zoning Ordinance – Allow Second Hand
Merchandise in B-2. PLANNING & ECONOMIC DEVELOPMENT
B. Amendment to the Zoning Ordinance – Remove Special Land Uses in
B-2. PLANNING & ECONOMIC DEVELOPMENT
C. Telephone System. INFORMATION TECHNOLOGY
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD: dial 7-1-1 and request a representative to dial (231) 724-6705.
Date: January 10, 2012
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the December 12,
2011, Worksession Meeting and the December 13, 2011, City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
December 12, 2011
City Commission Chambers
5:30 PM
MINUTES
2011-86
Present: Commissioners Warmington, Gawron, Wierengo, Carter, Spataro, Shepherd, and
Wisneski.
Absent: Vice Mayor Gawron.
Improvement Plan for Hackley Park - Donor.
A donor has come forward who wishes to make several landscaping improvements to enhance
Hackley Park in honor of her late husband. Schultz Transport, Inc. along with Cathy Brubaker-
Clarke made a presentation of the proposed improvements.
This item will be considered by the City Commission at the December 13, 2011 meeting.
Mayors Task Force.
Mayor Warmington made a presentation regarding the Mayors Task Force. The Task Force has
been discussing issues currently facing the youth in our community. Problems include lack of
employment, community trust, safety, cultural, communication barriers, programs, and outlets
for the youth.
Representatives from Michigan Works were present to explain the changes they’ve made to their
approach to youth seeking employment. A nine week program was added which allows younger
people to be paired with employers to develop skills needed in a work environment. Muskegon
High School has a JAG program that works with students to make sure that school grades are
satisfactory, develop employability skills, invite speakers, etc. The program is specifically
working with students who have struggled with issues within the society to make them
productive members within the community.
Dwana Thompson, Affirmative Action Director, is with working with organizations to register
with 2-1-1 so residents may obtain information of those services available in one location by
through that program.
Chris Carter suggested a program be developed through the high school to teach life skills to
students and how to deal with conflict, anger management, and other issues placed on the youth.
The City Commission agreed that the City will fund the first organizational meeting to develop a
plan with organizations to teach youth the life skills needed to succeed. All future programs
supported by the City will be required to give a small amount of time toward this endeavor to be
considered for any grants from the City.
Mr. Churchwell spoke about the Youth Service Counsel.
Dave McGough spoke about a reading program and the difficulties encountered by those that can
not read and their lack of employability. Reading credits should be mandatory in the Junior and
Senior High Schools.
The Mayor has scheduled meetings with all neighborhood organizations to discuss the program
and issues that are being faced by the youth.
Agreement with Digital Spectrum Enterprises.
The Commission indicated they want to continue televising City Commission meetings. City
staff will present an agreement for their consideration at the January 10, 2012 meeting.
2012 and 2013 Salary Schedule for Part-Time and Limited-Term Employees and the 2012
and 2013 Salary Schedule and Fringe Benefits for Non-Represented Employees.
The salary schedule for employees was discussed.
This item has been placed on the December 12, 2011 for consideration.
Adjournment.
Motion by Commissioner Carter, seconded by Commissioner Shepherd to adjourn at 7:12
p.m.
MOTION PASSES
________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
DECEMBER 13, 2011
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, December
13, 2011.
Mayor Warmington opened the meeting with a prayer from Mr. George
Monroe after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierengo,
and Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2011-87 INTRODUCTIONS/PRESENTATION:
A. New Water Filtration Plant Supervisor, Steve Teunis.
Mohammed Al-Shatel, Public Works Director, introduced Steve Teunis, the new
Water Filtration Plant Supervisor.
2011-88 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the City Commission Meeting
that was held on Tuesday, November 22, 2011.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. 2012 User Fee Update. FINANCE
SUMMARY OF REQUEST: City departments have reviewed and updated their
user fees and these have been incorporated into the Master Fee Resolution for
your consideration.
The new fees and fee changes that are being proposed include the following:
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• Establishment of new fees to cover costs associated with rental re-inspection
“no-shows” and repeated non-compliance inspections;
• Increase in the landlord affidavit filing fee for landlords seeking to have
tenants directly responsible for payment of water and sewer bills;
• Modification of some fees related to special events (note: these fees are
shown under DPW and under Special Events);
• Changes to Clerk’s fees for gaming licenses, transient businesses/peddlers,
encroachments & fireworks.
FINANCIAL IMPACT: Increased revenue for fee supported activities.
BUDGET ACTION REQUIRED: None at this time. Adoption of the Master Fee
Resolution will help the City attain its budgeted revenue estimates.
STAFF RECOMMENDATION: Approval.
C. Request to Deny & Accept Properties That Did Not Sell During the Tax
Sale for 2011. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The County of Muskegon held two delinquent tax
auctions during 2011. There were twenty three properties left after the last
auction. According to the State’s new tax laws, the City must state that they
are not interested in obtaining them, otherwise the City will automatically
receive them. From the list that was provided, there are four houses, one
commercial building, and eighteen vacant lots. Community & Neighborhood
Services would like to obtain two of the houses and Planning would like to obtain
eleven vacant lots with the remaining parcels being denied.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny ten parcels and accept thirteen parcels
and authorize both the Mayor and the Clerk to sign said resolution.
D. Deficit Elimination Plan for Home Rehabilitation Fund and State Grants
Fund. FINANCE
SUMMARY OF REQUEST: At June 30, 2011 the City of Muskegon Home
Rehabilitation Fund had a deficit balance of $166,174 and the State Grants
Fund had a deficit unassigned balance of $71,930. Act 275 of the Public Acts of
1980 requires that the City file a Deficit Elimination Plan with the Michigan
Department of Treasury. Staff is requesting adoption of the Home Rehabilitation
Fund and State Grants Fund Deficit Elimination Plan Resolutions.
FINANCIAL IMPACT: As presented by the Deficit Elimination Plan the Home
Rehabilitation Fund and State Grants Fund will no longer have a deficit by June
30, 2013.
BUDGET ACTION REQUIRED: None.
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STAFF RECOMMENDATION: Adoption of the Deficit Elimination Plan Resolutions.
E. Improvement Plan for Hackley Park – Donor. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: A potential donor has made a request through the
Community Foundation for Muskegon County, to provide funds for
improvements to Hackley Park, including a Foundation fund for future park
maintenance. Staff has met with the donor, as well as Schultz Transport, Inc.,
who is designing the improvements. The Master Plan for Hackley Park has been
consulted as improvements are being designed. This is an exciting project
which will provide for attractive, as well as historic, improvements to the Park,
when there are few City funds available. The City has agreed to continue
providing water to the Park as part of our responsibility. There will be a marker
placed in the park in memory of the donor’s husband.
FINANCIAL IMPACT: None for the City. The maintenance fund established
through the Community Foundation will pay for future maintenance, as well as
replacement, when necessary (with the exception of the water, which the City
will provide).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the general plan for improvements to
Hackley Park and the establishment of a maintenance fund through the
Community Foundation; and authorize staff to continue coordinating with the
Foundation, the donor and Schultz Transport, Inc. on the specific design and
improvements to be made. Final improvements must be approved by the
Historic District Commission.
F. Service Agreement with Professional Med Team Inc. PUBLIC SAFETY
SUMMARY OF REQUEST: To enter into a service agreement (calendar year 2012)
with Professional Med Team (Pro-Med) to provide a paramedic for the purpose
of performing a blood draw, when needed, of suspected intoxicated drivers.
The paramedic will be dispatched directly to the jail to perform the draw. This
service will be utilized by all law enforcement agencies within Muskegon
County. Pro Med is located within the City.
FINANCIAL IMPACT: The cost to the department will be $75 per blood draw.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
G. 2012 and 2013 Salary Schedule for Part-Time and Limited-Term
Employees and the 2012 and 2013 Salary Schedule and Fringe Benefits
for Non-Represented Employees. CITY MANAGER
SUMMARY OF REQUEST:
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1) To establish the 2012 and 2013 salary ranges for part-time and limited-term
employees.
2) To approve and adopt the proposed salary ranges and salary schedules
for the non-represented administrative, technical, professional, and
supervisory employees for 2012 and 2013 (1.0% increase for 2012 and no
increase for 2013).
3) Increase the employee health insurance bi-weekly premium co-pay from
$30.00 to 10% of premium cost based on the applicable single, double
and family rate (1/1/2012).
4) Limit paid leave hours to 240 in computing the final average
compensation for an employee (1/1/2012).
5) Eliminate overtime hours in computing the final average compensation for
an employee (1/1/2013).
FINANCIAL IMPACT:
1) Minimal. Minor changes are proposed.
2) The salary increases will cost approximately $20,000, plus approximately
$5,000 in added fringe benefit costs.
3) City cost savings of approximately $15,000.
4) Unknown reduction in pension costs for City.
5) Unknown reduction in pension costs for City.
BUDGET ACTION REQUIRED: To authorize the necessary 2011-2012 budgetary
amendments and transfer of money from the affected City funds (Contingency
Account for General Fund) to the appropriate salary and fringe benefit
accounts to accommodate the salary increases and fringe benefit adjustments.
STAFF RECOMMENDATION:
1) To approve the 2012 and 2013 salary ranges for part-time and limited-term
employees.
2) To approve and adopt the proposed salary ranges, salary schedules, and
fringe benefit changes for non-represented employees for 2012 through
2013.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
2011-89 PUBLIC HEARINGS:
A. Parks and Recreation Master Plan Amendment. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In order to seek a Michigan Natural Resources
4
Trust Fund grant for projects, they must be included in the Parks & Recreation
Master Plan. Therefore, amendments are recommended for the Consumer’s
Power site and Sheldon Park. In addition, minor amendments are included for
other parks, particularly in relation to ADA requirements.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the “Muskegon Parks & Recreation Master
Plan 2009” Amendments and authorize the Mayor and Clerk to sign any
documents necessary related to the amendments.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Wisneski to close the
Public Hearing and approve the Parks & Recreation Master Plan Amendments.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
2011-90 NEW BUSINESS:
A. Consolidation of Services Plan – EVIP. FINANCE
SUMMARY OF REQUEST: Under the Economic Vitality Incentive Program (EVIP)
adopted by the State earlier this year, the City must meet certain criteria in
order to continue receiving statutory revenue sharing funds. The first criterion
was to prepare and make available a citizen’s guide and performance
dashboard by October 1, 2011.
The second criterion the City must meet is to certify to the Michigan Department
of Treasury that by January 1, 2012 they have produced and made readily
available to the public, a plan with one or more proposals to increase its existing
level of cooperation, collaboration, and consolidation, either within the
jurisdiction or with other jurisdictions.
The Economic Vitality Incentive Program - Consolidation of Services Plan is
presented for your approval. Once approved, the plan will be submitted to the
Michigan Department of Treasury and made available to the public on City’s
website.
FINANCIAL IMPACT: Failure to submit the plan to the State could result in the loss
of $321,642 – the consolidation of services portion of the EVIP payment.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Commission approval of the plan and authorization
for staff to submit the plan to the Michigan Department of Treasury.
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Motion by Commissioner Carter, second by Commissioner Wierengo to approve
the Consolidation of Services Plan – EVIP.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
B. 2012 National League of Cities Membership Dues. CITY CLERK
SUMMARY OF REQUEST: The 2012 National League of Cities Membership
Renewal Notice has been received.
FINANCIAL IMPACT: $3,813.
BUDGET ACTION REQUIRED: This has not been budgeted for.
STAFF RECOMMENDATION: None.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request for the 2012 National League of Cities Membership Dues.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
ANY OTHER BUSINESS:
Mayor Warmington, on behalf of the citizens of the City of Muskegon and City
staff, thanked outgoing Commissioners Carter, Shepherd and Wisneski for their
leadership and service to our community.
ADJOURNMENT: The City Commission Meeting adjourned at 6:00 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
6
Date: January 10, 2012
To: Honorable Mayor and City Commission
From: Water Filtration Plant
RE: Control System Annual Software Update/Support
SUMMARY OF REQUEST:
Renewal of the annual customer support for Filtration Plant
operating system with Wonderware North.
FINANCIAL IMPACT:
One time cost of $10,597.00 for 2012.
BUDGET ACTION REQUIRED:
None. This item is budgeted.
STAFF RECOMMENDATION:
Staff requests authorization to renew the annual customer support
agreement at a budgeted cost of $10,597.00 for 2012.
Date: 12/28/2011
To: Mohammed Al-Shatel, DPW Director
From: Steve Teunis, Water Filtration Plant
Re: Water Plant Control system Software Annual Support
Contract
______________________________________________________
The control system software used at the Water Filtration Plant is a
product by Invensys called Wonderware. This software has been
the heart of the plant control system since 1993. Wonderware
operates as a layer on top of Microsoft Windows and interfaces
seamlessly with MS Excel so we can generate reports in a
spreadsheet format.
The Wonderware software has been continually improved and
features added to enhance plant operation.
In order to take advantage of the improvements to the software
over the years we have subscribed to the annual technical support
offered by Wonderware. The subscription also allows us and our
consultant to obtain solutions to problems as well as guidance in
configuring new applications at no cost. Previous years support
costs are as follows:
2000 $7200 2006 $8565
2001 $6840 2007 $10186
2002 $7605 2008 $8565
2003 $5036 2009 $10221
2004 $6100 2010 $9946
2005 $7411 2011 $11,385
The cost differences throughout the past years are associated
with the level of improvements and changes in the software as it
relates to changes in the Microsoft operating systems. Our
system began with Windows 3.1 and has evolved through
Windows 95, Windows 98, Windows 2000 and we are now
planning to upgrade to Windows 7.
The problem faced with not purchasing the annual support is not
only in not being able to address and troubleshoot problems that
arise but also face costs in excess of $35,000 to upgrade without
the annual support.
The City’s IT Director is in agreement with continued support
from Wonderware and indicated changes to the City’s file
server application would require an expenditure to upgrade the
plant operating system.
It is my recommendation that we continue to purchase the
control system annual upgrade for 2012 from Wonderware at a
cost of $10,597.00.
Date: January 10, 2012
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Agreement – Digital Spectrum Enterprises (DSE)
SUMMARY OF REQUEST: Since May 2005 the City has contracted with Digital
Spectrum Enterprises (DSE) for management of the City’s government access
channel. In exchange for these management rights DSE broadcasts City
Commission meetings at no direct cost to the City. The current agreement with DSE
dates from December, 2008, through November, 2011.
Proposed is a three-year agreement renewal with DSE. Terms of the agreement are
the same as before.
FINANCIAL IMPACT: This contract entails no direct cost to the City. The City
benefits by having City Commission meetings broadcast at no cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a three-year contract with DSE for
management of the government access channel.
AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND
DIGITAL SPECTRUM ENTERPRISES OF WEST MICHIGAN, INC.
This agreement is made this 10th day of January, 2012, by and between the City of
Muskegon, a Michigan municipal corporation (“City”) and Digital Spectrum
Enterprises of West Michigan, Inc., a Michigan nonprofit corporation (“DSE”), who
agree as follows:
RECITALS
1. The City desires to provide support for the use of cable television, public,
educational, and government (“PEG”) access channels provided pursuant to
federal law.
2. The City has granted a franchise to Comcast, as successors of Taft Cable
Partners and Robert Fulk, Ltd. (“Cable Company”) to operate a cable
television system in the City of Muskegon (“Franchise Agreement”).
3. The Franchise Agreement with Cable Company provides the certain channel
capacity be provided for PEG access, including a government access channel
for use by area municipal governments served by Cable Company (currently
cable channel 96) (“Government Access Channel”)
4. DSE, as the access management entity designated by the City, has indicated
its interest in serving the community by providing PEG access programming
and services on the Government Access Channel.
5. In exchange for broadcasting City events free of charge as explained in
section 1.B below), the City agrees to allow DSE to use Government access
Channel to broadcast programming consistent with PEG channel purposes.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES: Pursuant to this Agreement, DSE shall provide
the following services:
A. OPERATE THE GOVERNMENT ACCESS CHANNEL. Operate the
Government Access Channel for local government and community access
programming purposes in the manner consistent with the principles set forth
in this Agreement and the franchise Agreement between the City and Cable
Company, with the primary purpose being to administer, coordinate, and
assist the City of Muskegon in providing local government programming.
B. BROADCASTING LOCAL GOVERNMENT PROGRAMMING. Produce and
broadcast, at no expense to the City, City Commission meetings and meetings
of other committees, boards and commissions that the City might require, and
other reasonable programs or issues that the City Commission may deem
necessary.
C. DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies
and procedures for use and operation of the PEG access equipment, facilities,
and channel and file such policies and procedures with the City.
D. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS. Administer the
Government Access Channel and facilities in compliance with the Franchise
Agreement between the City and Cable Company.
E. TRAINING. Train City residents, and when requested, City and school or
college employees in the techniques of video production, and provide
technical advice in the execution of productions.
F. SPECIAL NEEDS GROUPS. Support special needs groups, including but not
limited to the hearing impaired, in program production through training and
other means.
G. OTHER ACTIVITIES. Undertake other PEG access programming activities
and services as deemed appropriate by DSE and consistent with the obligation
to facilitate and promote PEG access programming and provide non-
discriminatory access.
SECTION 2. CHANNELS OPEN TO PUBLIC: DSE agrees to keep the PEG
Government Access Channel open to all potential users regardless of their viewpoint,
subject to FCC regulations and other relevant laws. Neither the City, nor the Cable
Company, nor DSE shall have the authority to control the content of programming placed
on the Government Access Channel so long as such programming is lawful. Provided
that, nothing herein shall prevent DSE, the City, or the Cable Company from producing
or sponsoring programming, prevent the City or the Cable Company from underwriting
programming, or prevent DSE, the City, or the Cable Company from engaging in
activities designed to promote production of certain types of programming or use by
targeted groups as consistent with such time, manner, and place regulations as are
appropriate to provide for and promote use of PEG access channels, equipment and
facilities.
SECTION 3. INDEMNIFICATION: DSE shall indemnify, defend, and hold harmless
the City, its officers, agents, employees and volunteers from and against any and all
claims, suits, actions, causes of actions, losses, damages, or liabilities of any kind, nature
or description, including payment of litigation costs and attorneys’ fees, brought by any
person or persons for or on account of any loss, damage or injury to person, property or
any other interest, tangible or intangible, sustained by or accruing to any person or
persons, however the same may be caused, whether directly or indirectly arising or
resulting from any alleged acts or omission of DSE, its officers, employees, agents or
subcontractors arising out of or resulting from the performance of this Agreement.
DSE shall indemnify and hold harmless the City, its officers, agents, employees and
volunteers from and against any and all claims or other injury, including costs of
litigation and attorneys’ fees, arising from or in connection with claims or loss or damage
to person or property arising out of the failure to comply with any applicable laws, rules,
regulations or other requirements of local, state, or federal authorities, for claims of libel,
slander, invasion of privacy, or infringement of common law or statutory copyright or
trademark or any other intellectual property rights, for breach of contract of other injury
or damage in law or at equity which claims, directly or indirectly, result from DSE use of
channels, funds, equipment, facilities or staff granted under this Agreement or the
Franchise Agreement.
SECTION 4. COPYRIGHT:
A. CLEARANCE: Before cable casting video transmissions, DSE shall require all
users to agree in writing that they shall make all appropriate arrangements to
obtain 1) all rights to all material cable cast and, 2) clearance from broadcast
stations, networks, sponsors, music licensing, organizations’ representatives, and
any and all other persons as may be necessary to transmit their program material
over the Government Access Channel. DSE shall maintain, for the applicable
statute of limitations period, copies of all such user agreements for the City’s
inspection, upon reasonable notice by the City.
B. OWNERSHIP: The City shall own the copyright of any programs that the City
requests DSE to produce and DSE agrees to assign all such rights to the City and
shall execute all documents reasonably requested to effect such assignment and
registration of copyrights assigned. Copyright of all other programs shall be held
by the persons(s) who produced the program.
SECTION 5. INSURANCE: DSE shall maintain in full force and effect at all times
during the term of this Agreement insurance as required by this Section. The cost of such
insurance shall be borne by DSE.
A. COMPREHENSIVE LIABILITY INSURANCE: Comprehensive liability insurance,
including protective, completed operations and broad form contractual liability,
property damage and personal injury coverage, and comprehensive automobile
liability including owned, hired, and non-owned automobile coverage. The limits
of such coverage shall be: (1) bodily injury including death, $1,000,000 for each
person, each occurrence and aggregate; (2) property damage, $1,000,000 for each
occurrence and aggregate.
B. EQUIPMENT INSURANCE: Insurance shall be maintained on all equipment and
facilities, including fixtures, to replacement cost. The insurance shall include, at a
minimum, insurance against loss or damage beyond the users control, theft, fire or
natural catastrophe. The City shall be shown as the lien holder on all policies.
C. WORKER’S COMPENSATION: Full Worker’s Compensation Insurance and
Employer’s Liability with limits as required by Michigan law, provided through
an insurance carrier satisfactory to the City.
D. CABLECASTER’S ERRORS AND OMMISSION INSURANCE: Insurance shall be
maintained to cover the content of productions which are cablecast on the
Government Access Channel in at least the following areas: libel and slander;
copyright or trademark infringement; infliction of emotional distress, invasion of
privacy; plagiarism; misuse of musical or literary materials. This policy shall not
be required to cover individual access producers.
E. CITY AS CO-INSURED OR ADDITIONAL INSURED: The City shall be named
as a co-insured or additional insured on all aforementioned insurance coverage’s.
The policies shall provide that no cancellation, major change in coverage or
expiration may be affected by the insurance company or DSE without first giving
the City thirty (30) days written notice prior to the effective date of such
cancellation or change in coverage. Any insurance or self-insurance maintained
by the City, its officers, agents, employees, or volunteers shall be in excess of the
DSE insurance and shall not contribute to it.
F. NOTIFICATION OF COVERAGE: DSE shall file with the City proof of
insurance coverage as follows: (1) Comprehensive Liability and Workers’
Compensation; (2) equipment insurance upon the acquisition of any equipment;
(3) cable caster’s error and omission insurance within thirty (30) days of the cable
casting of programming on the Government Access Channel.
SECTION 6. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE:
A. DSE shall not discriminate against any person, employee or applicant for
employment or contract work on the basis of race, color, creed, religion,
sex, sexual preference, marital status, ancestry, national origin or physical
or mental handicap.
B. DSE shall not discriminate in the delivery of services on the basis of race,
color, creed, religion, sex, sexual preference, marital status, ancestry,
national origin or physical or mental handicap.
SECTION 7. INDEPENDENT CONTRACTOR: It is understood and agreed that DSE is
an independent contractor and that no relationship of principal/agent or
employer/employee exists between the City and DSE. If in the performance of this
Agreement any third persons are employed by DSE, such persons shall be entirely and
exclusively under the control, direction and supervision of DSE. All terms of
employment, including hours, wages, working conditions, discipline, hiring and
discharging, or any other term of employment, shall be determined by DSE and the City
shall have no authority over such persons or terms of employment.
SECTION 8. ASSIGNMENT AND SUBLETTING: Neither this Agreement nor any
interest herein shall be assigned or transferred by DSE, except as expressly authorized in
writing by the City.
SECTION 9. RECORDS,FISCAL AUDIT:
A. DSE shall maintain all necessary books and records, in accordance with
generally accepted accounting principles.
B. Upon reasonable request from the City, DSE shall, at any time during
normal business hours, make available all of its records with respect to all
matters covered by this Agreement.
SECTION 10. ANNUAL REPORT: On or before July 30 of each year in which this
Agreement is in effect DSE shall provide to the City an Annual Plan outlining activities
and programs planned for the following fiscal year. Such plan shall contain:
A. A statement of anticipated number of hours of local original PEG access
programming;
B. Training classes to be offered and frequency of classes;
C. Statistics on programming and services provided; and
D. Other access activities planned by DSE.
SECTION 11. FUNDING FROM OTHER SOURCES: DSE may during the course of
this Agreement, receive funds from other sources, including, but not limited to,
fundraising activities. DSE may generate funding for programming through program
underwriting and sponsorship in a manner consistent with Federal Communications
Commission (FCC) non-commercial rules and regulations.
SECTION 12. TERMS OF AGREEMENT: This Agreement shall be for a period of
three years commencing January 10, 2012 and ending December 31, 2014, unless
terminated earlier, as provided in this Agreement.
SECTION 13. TERMINATION OF AGREEMENT/TRANSFER OF ASSETS:
A. The City shall have the right upon sixty (60) days written notice to DSE to
terminate this Agreement for
1. Breach of any provision of this Agreement by DSE;
2. Malfeasance, misfeasance, and/or misappropriation of public
funds;
3. Notice from Cable Company (and City verification) that DSE is
engaging in a commercial advertising and/or fundraising in a
manner inconsistent with PEG channels; or
4. Loss of 501(c)(3) status by DSE.
B. DSE may avoid termination by curing such breaches to the satisfaction of
the City within thirty (30) days of notification or within a time frame
agreed to by the City and DSE. The City may also terminate this
Agreement at the expiration of its term, or any extension thereof.
SECTION 14. TIME: Time is of the essence in this Agreement and for the performance
of all covenants and conditions of this Agreement.
SECTION 15. COOPERATION: Each party agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 16. APPLICABLE LAW: This Agreement shall be interpreted and enforced
under the laws of the State of Michigan.
SECTION 17. NOTICES: All notices and other communication to be given by either
party may be given in writing, depositing the same in the United States mail, postage
prepaid and addressed to the appropriate party as follows:
TO: CITY OF MUSKEGON
Attn: Finance Director
933 Terrace Street
Muskegon MI, 49442
TO: DIGITAL SPECTURM ENTERPRISES
Attn: Ann Bratsburg
105 W. Sherman Blvd
Muskegon MI, 49444
Any party may change its address for notice by written notice to the other party at any
time.
SECTION 18. ENTIRE AGREEMENT: This Agreement is the entire agreement of the
parties and supersedes all prior negations and agreements whether written or verbal. This
Agreement may be amended only by written agreement and no purported verbal
amendment to this Agreement shall be valid.
WITNESSES: CITY OF MUSKEGON
__________________________ By__________________________
Stephen Warmington, Its Mayor
and
By__________________________
Ann Marie Cummings, Its Clerk
DIGITAL SPRECTRUM ENTERPRISES OF WEST MICHIGAN, INC.
__________________________ By__________________________
Ann Bratsburg, Owner
IN WITNESS WHEREOF, the parties have executed this agreement as of the date
written above.
Commission Meeting Date: January 10, 2012
Date: January 4, 2012
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance
SUMMARY OF REQUEST:
Staff initiated request to amend Section 1100 of Article XI of the zoning ordinance
to allow second hand merchandise stores as a principal use permitted in B-2,
Convenience and Comparison Business Districts.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 12/15
meeting by a 6 to 1 margin.
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
BACKGROUND
1. Stores selling second hand merchandise are currently only allowed as a principal use in B-4, General
Business Districts. These stores are allowed under a special use permit in B-2, Convenience and
Comparison Business Districts, but they have to be associated with a bonafied charitable organization, such
as but not limited to 501(c)3 organizations.
2. Stores selling second hand merchandise were previously allowed in B-2, Convenience and Comparison
Business Districts prior to December of 2001, when the ordinance was amended to its current language on
the subject. The feeling at that time was that there were too many pawn shops opening up.
3. Since the amendment to the zoning ordinance, many businesses have been told that they cannot locate in
B-2 Districts because they sell some second hand merchandise. There have also been times when staff has
had to amend the zoning ordinance to allow certain stores to locate in B-2 Districts. For instance, in 2010,
the zoning ordinance was amended to allow for “Vintage Shops” so that the furniture store Continuity
could locate on 3rd St. This would not have been necessary had second hand merchandise been allowed in
B-2 districts.
4. The zoning ordinance does not just limit B-2 districts from having a store that specializes in all second
hand merchandise, it also limits stores from selling any second hand merchandise at all.
5. Since the amendment in 2001, many second hand stores have opened up in B-2 districts without staff being
aware. In most cases, these stores have simply gone out of business. In other cases, the businesses have
gone on to become successful additions to the business corridor (i.e. The Brown Bag Boutique is a
successful clothing store that opened on 3rd St in 2010. They sell new and used clothing).
6. Staff feels that with the popularity of eBay, craigslist and other online merchandising stores, new pawn
shops are less likely to open than ever before.
B-2 District on 3rd St
Second hand store in B-2 District on Getty St.
B-2 District on Laketon Ave
B-2 Districts on west side of City
B-2 Districts on east side of City
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 1100 (Principle Uses Permitted) of Article XI (B-2, Convenience and Comparison Business Districts).
11. Stores selling second hand merchandise.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 1100 of Article XI of the zoning ordinance to allow second hand
merchandise stores as a principal use permitted in B-2, Convenience and Comparison Business
Districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 1100 (Principle Uses Permitted) of Article XI (B-2, Convenience and Comparison
Business Districts).
11. Stores selling second hand merchandise.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Cummings, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
10th day of January, 2012, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2008, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2012. __________________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 10th, 2012, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 1100 of Article XI of the zoning ordinance to allow
second hand merchandise stores as a principal use permitted in B-2, Convenience and
Comparison Business Districts. Copies of the ordinance may be viewed and purchased at
reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon,
Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2012. CITY OF MUSKEGON
By _________________________________
Ann Cummings, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
9
Commission Meeting Date: January 10, 2012
Date: January 4, 2012
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance
SUMMARY OF REQUEST:
Staff-initiated request to amend Section 1101 of Article XI of the zoning ordinance
to remove second hand merchandise stores, vintage shops and antique shops as
special land uses permitted in B-2, Convenience and Comparison Business
Districts. This would be necessary if the previous request is approved.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 12/15
meeting by a 6 to 1 margin.
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
BACKGROUND
1. This amendment would clean up the zoning ordinance language should Case 2011-19 be approved.
2. If Case 2011-19 is approved, then there would not be a need to allow second hand merchandise stores,
vintage shops and antique shops as special uses permitted in B-2 Convenience and Comparison Business
Districts because they would already be allowed as principal uses.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 1101 (Special Land Uses Permitted) of Article XI (B-2, Convenience and Comparison
Business Districts).
6. Stores selling second hand merchandise, subject to the following: [amended 12/01]
a. The site shall be located within or adjacent to an established, identifiable commercial corridor.
b. The store will be associated with a bona fide charitable organization, such as but not limited to, 501(c)3
organizations.
13. Antique Shops [amended 10/05]
14. Vintage Shops [amended 2/10]
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 1101 of Article XI of the zoning ordinance to remove second hand
merchandise stores, vintage shops and antique shops as special land uses permitted in B-2,
Convenience and Comparison Business Districts
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Section 1101 (Special Land Uses Permitted) of Article XI (B-2, Convenience and Comparison
Business Districts).
7. Stores selling second hand merchandise, subject to the following: [amended 12/01]
c. The site shall be located within or adjacent to an established, identifiable commercial corridor.
d. The store will be associated with a bona fide charitable organization, such as but not limited to, 501(c)3
organizations.
13. Antique Shops [amended 10/05]
14. Vintage Shops [amended 2/10]
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Cummings, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
10th day of January, 2012, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2008, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2012. __________________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 10th, 2012, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 1101 of Article XI of the zoning ordinance to remove
second hand merchandise stores, vintage shops and antique shops as special land uses permitted
in B-2, Convenience and Comparison Business Districts. Copies of the ordinance may be
viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933
Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2012. CITY OF MUSKEGON
By _________________________________
Ann Cummings, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
6
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