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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 28, 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. Fireworks Display Permit for the Shrine Circus. CITY CLERK
C. Amendments to the Zoning Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
D. Rental Registration Exemption. CITY MANAGER
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. City of Roosevelt Park Water Agreement. CITY MANAGER
B. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following. PUBLIC SAFETY
1675 Pine Street-Garage (Area 13)
845 W. Dale Avenue (Area 12)
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: February 28, 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 February 13th
Worksession Meeting and the February 14th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
February 13, 2012
City Commission Chambers
5:30 PM
MINUTES
2012-09
Present: Commissioners Gawron, Hood, Turnquist, Carter, and Spataro.
Absent: Commissioners Warmington and Wierengo.
Sand Products Proposal.
Cathy Brubaker-Clarke introduced representatives of Mart Dock.
Chuck Canestraight, and Scott Musselman, 560 Mart Street, made a proposal to relocate the
campground located at Fisherman’s Landing to a site at Pigeon Hill and place Sand Products at
Fisherman’s Landing.
They listed the benefits as:
A more desirable campground with access to Muskegon Lake and Lake Michigan
An additional boat launch at Pigeon Hill will provide access to Muskegon Lake
from the west end of the lake as well as the east end
Additional port capacity can be developed at the east end of Muskegon Lake
Deb Hawkins, 1093 Esther Avenue, currently operates Fisherman’s Landing, is concerned of
traffic jams, current access to the highway, the ability to accommodate 150 boats in a
tournament, tent sites, and usage of the channel.
Jerry Symanski, 1500 W. Harbour Towne Circle, Muskegon and President of the Harbour Towne
Association, spoke. The channel in the summer is very crowded, the proposal will be directly on
the houses at Harbour Towne. The association would like to meet with the representatives to
discuss the proposal. They are not 100% against the project, but they would like more time to
evaluate it.
Emma Torreson, 3256 Wilcox, is concerned about the location of the launch ramp and safety
issues. She is not completely against it. It’s good to keep recreation at the west end.
Gary Hartman, Alto, MI, represents the Harbour Towne Marina. He doesn’t believe the proposal
fits the area. The channel is currently congested. Fisherman’s Landing’s location is easy access
to the customers.
Ted Thall, 1647 E. Harbour Towne, responded. His condominium is connected directly to the
proposed site. He is concerned the channel will not be wide enough. He does support some type
of future development on the site. He would like to see a proposal more suitable.
Commissioner Spataro made a statement indicating that the Commission should say no to the
project.
Second Quarter 2011-12 Budget Reforecast.
Tim Paul, Finance Director, stated that the Second Quarter Reforecast is looking well at this
time.
Financial Management Software.
Staff recommends accepting the proposal from BS&A for a new Financial Management
Software in the amount of $125,000 to be paid in three equal installments and an annual
licensing fee of $15,548. A further upgrade is being recommended that will bring the total costs
to $143,000. Staff will ask for approval of $143,000 at the February 14, 2012 Commission
meeting.
Any Other Business.
Ron Marek, 1635 Nelson, Muskegon, believes if the City waits a few years, the BC Cobb Plant
will be available for dock usage.
Shanta Davey, 4380 Hackley Point Lane, Norton Shores, would like to see the City continue
with sustainability.
Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Spataro to adjourn at 6:43
p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 14, 2012
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, February 14, 2012.
Mayor Warmington opened the meeting with a prayer from Vice Mayor
Stephen Gawron 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 Eric Hood, Lawrence Spataro, Willie German, and Byron
Turnquist, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
Absent: Commissioner Sue Wierengo (excused).
INTRODUCTIONS/PRESENTATION:
A. Update from Bob Chapla, Community Foundation. Bob Chapla and
Chris McGuigan gave an update of the two recent donors for the Hackley Park
and Lakeshore Trail projects
2012-10 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the January 24th City Commission
Meeting and the January 27th Special Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. W-732 High Service Switchgear Repair/Upgrades. WATER FILTRATION
SUMMARY OF REQUEST: Award the High Service Pumps Switchgear
repair/upgrade (W-732) to DVT Electric, Inc., 5151 S. Division St., Wyoming, MI
since they were the lowest responsible bidder with a bid price of $133,680.
FINANCIAL IMPACT: This upgrade was budgeted at $175,000 which includes
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engineering services of $24,950 previously approved, July 11, 2011.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Staff concurs with the engineer’s recommendation
and recommends City Commission award the repair/upgrades to DVT Electric,
Inc. for $133,680.
C. 2012-2013 City Commission Goals. CITY MANAGER
SUMMARY OF REQUEST: To approve the list of goals for 2012-2013. This list is the
result of the goals setting session held on January 27, 2012.
FINANCIAL IMPACT: Unknown at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the list of goals.
COMMITTEE RECOMMENDATION: The City Commission met on January 27, 2012
and identified the list of goals for 2012-2013.
D. Request to Amend the Resolution Approving the Exemption of New
Personal Property (PA 328) – ADAC Plastics. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The State of Michigan Property Services Division has
requested that the City amend resolution 2011-84(a) for the approval of the
Exemption of New Personal Property for ADAC Plastics. The act has undergone
several amendments over the past two years and the State is now requiring
additional information in the resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the revised resolution.
E. Employee Compensation Plan – EVIP. FINANCE
SUMMARY OF REQUEST: Under the Economic Vitality Incentive Program (EVIP)
adopted by the State last year, the City must meet certain criteria in order to
continue receiving the non-constitutional portion of State 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 was to certify
to the Michigan Department of Treasury that by January 1, 2012, we 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 third and final criterion is to certify to the Michigan Department of Treasury
that by May 1, 2012, we have developed an employee compensation plan,
which we intend to implement, with any new, modified, or extended
2
contract or employment agreement, for employees not covered under
contract or employment agreement; and that the plan has been made
available for public viewing in the Clerk’s office or posted on a publicly
accessible Internet site.
The Economic Vitality Incentive Program – Employee Compensation Plan
Component is presented for your approval. It shows the specific benefit
standards as set by the state EVIP legislation and how the City either has met or
intends to meet these standards in future contracts and employment
agreements.
Once approved by the City Commission, the plan will be submitted to the
Michigan Department of Treasury and made available to the public on the
City’s website.
FINANCIAL IMPACT: Failure to submit the plan to the State could result in the loss
of $321,642 – the employee compensation plan 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.
F. Second Quarter 2011-12 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time, staff is transmitting the Second Quarter
2011-12 Budget Reforecast which outlines proposed changes to the original
budget that have come about as a result of changes in revenue projections,
policy priorities, labor contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: Specific proposed changes to the budget include:
• The projected 2011-12 operating deficit for the General Fund has
decreased from $885,728 (original budget) to $234,007. This is primarily
due to:
° Higher anticipated income tax revenues (+$300,000 from original) and
° Higher anticipated State-shared revenues (+$490,888 from original)
• General Fund Expenditures have been adjusted slightly and are about 1%
higher than originally budgeted.
• Capital projects have been reforecast based on bid results, grant awards
and other factors. Overall capital projects are down from $6.9 million
(originally budgeted) to $6.3 million. Mostly this is due to the fact that the
Sherman Street (Lincoln to Estes) project has been pushed to next year.
BUDGET ACTION REQUIRED: Approval of this budget reforecast constitutes a
formal amendment to the City’s 2011-12 budget.
STAFF RECOMMENDATION: Approval.
G. Financial Management Software. FINANCE
SUMMARY OF REQUEST: The City’s financial management software is
3
sixteen years old and the developer has indicated they will be phasing out the
system over the next few years. Staff has explored various options and believes
the best route is to replace the current systems with BS&A financial software. This
system has become the standard in Muskegon County which could be an
important factor in future intergovernmental initiatives. Moreover, several
modules of the software are already being used by the City and completing the
suite will allow for better internal systems integration and resultant savings.
FINANCIAL IMPACT: The upfront cost for the system is $143,470 payable in 3
equal installments ($47,823) over three years with no interest. The system will
save $15,548 in annual licensing fees and result in significant staff time savings
through better integration of financial system components. For example, the
City currently uses BS&A utility billing software which will interface directly with
the BS&A general ledger system, greatly reducing manual transaction postings.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the proposal as submitted by BS&A
software.
H. Community Relations Committee Recommendations for Various City
Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: Accept the resignations for John Rolowitz from the
Housing Board of Appeals and Phillip Okerlund from the Local Development
Finance Authority. Appoint Raymond Hilt to the Zoning Board of Appeals, Ruby
Clark to the Citizen’s Police Review Board and Michael McPhall to the
Construction Code Board of Appeals. Remove the Board of Canvassers from
the Community Relations Index.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner German to approve
the Consent Agenda as presented.
ROLL VOTE: Ayes: Hood, Spataro, German, Gawron, Turnquist, and Warmington
Nays: None
MOTION PASSES
2012-11 UNFINISHED BUSINESS:
A. SECOND READING: PILOT Request – Bayview Towers – Ordinance
Amendment. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Carl Skrzynski is Vice President of American Community
Developers, Inc., which has purchased Bayview Towers in Muskegon. There is
4
currently a PILOT for Bayview Towers which was approved in January 1980. Mr.
Skrzynski intends to keep the existing Section 8 status of the housing
development and is requesting an extension of the PILOT from the City. Since
an alternative form of financing is being sought for this project, not currently
included in the PILOT Ordinance, an amendment is necessary to the Ordinance.
In addition, the owner is requesting the PILOT for a maximum of 40 years and the
current Ordinance only allows for 25 years. The Commission approved the
Ordinance Amendment on January 24 by a 4-3 vote. Therefore, it is necessary
to have a second reading. In addition, the ordinance amendment approved
by the Commission on January 24th gave only 24 months for the developer to
obtain MSHDA financing. In actuality, it should be 27 months (Section 82-50 (4)
(4)).
FINANCIAL IMPACT: The Ordinance amendment would allow for a greater
number of years, which would increase the number of years that the City would
not receive full taxes for the property.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: If the City Commission agrees that the PILOT is
necessary for this property, staff recommends that the Ordinance amendment
be approved and the Clerk be authorized to sign the necessary documents.
Motion by Commissioner Spataro, second by Commissioner Hood to adopt the
ordinance amendment with the correction described by the Attorney Schrier.
ROLL VOTE: Ayes: Spataro, German, Turnquist, Warmington, and Hood
Nays: Gawron
MOTION PASSES
B. PILOT Request – Bayview Towers – Contract Revision. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The PILOT Contract between Bayview Partners Limited
Dividend Housing Association L.L.C. and the City of Muskegon was approved by
the City Commission on January 24, 2012. However, the length of time allowed
for the developer to obtain a reservation of low income housing tax credits, or
an Authority loan commitment or a HUD-insured loan should have read “twenty
seven months”, not “two years”.
FINANCIAL IMPACT: With the current PILOT, the owner of Bayview Towers pays
approximately $91,000 a year (Shelter Rent Payment of $34,000 and City Service
Charge Payment of $57,000). If this property were to return to traditional
property taxes, the owner would pay approximately $282,902 for a year.
Therefore, there is a difference of approximately $191,902 a year.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the revised Contract and authorize the
5
Mayor and Clerk to sign.
Motion by Commissioner Spataro, second by Commissioner German to approve
the PILOT request contract revision with the additional amendment as described
by the City Attorney.
ROLL VOTE: Ayes: German, Warmington, Hood, and Spataro
Nays: Gawron and Turnquist
MOTION PASSES
ANO OTHER BUSINESS: Commissioner Spataro commented on the street lighting
bill and Fisherman’s Landing.
ADJOURNMENT: The City Commission Meeting adjourned at 6:13 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
6
Date: February 28, 2012
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Fireworks Display Permit for the Shrine Circus
SUMMARY OF REQUEST: Jordan Productions, Inc. is requesting
approval of a fireworks display permit for March 2nd and 3rd at the L. C.
Walker Arena. Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
Commission Meeting Date: February 28, 2012
Date: February 23, 2012
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendments to the Zoning Ordinance
SUMMARY OF REQUEST:
Staff has requested the following amendments to the zoning ordinance:
Amend Article II, “Definitions”, of the zoning ordinance to include definitions for
“Brewpub,” “Micro Brewery,” “Brewery,” “Small Winery,” “Winery,” “Small Distillery”
and “Distillery.”
Amend Article XI (B-2 Districts), Section 1100 and Section 1101 of the zoning
ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small Wineries,” and “Small
Distilleries.”
Amend Article XII (B-3 Districts), Section 1200 and Section 1201 of the zoning
ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small Wineries,” and “Small
Distilleries.”
Amend Article XIII (B-4 Districts), Section 1300 and Section 1301 of the zoning
ordinance to allow for “Brewpubs,” “Micro Breweries,” “Small Wineries,” and “Small
Distilleries.”
Amend Section 1304 (B-5 Districts) of the zoning ordinance to allow for
“Brewpubs,” “Micro Breweries,” “Small Wineries,” and “Small Distilleries.”
Amend Article XIV (I-1 Districts), Section 1400 of the zoning ordinance to allow for
“Micro Breweries,” “Breweries,” “Small Wineries,” “Wineries,” “Small Distilleries,”
and “Distilleries.”
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendments.
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval of the requests at their
2/16 meeting.
2/23/12 2
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
BACKGROUND
1. Staff has recently been contacted by a few microbreweries who are interested in locating in Muskegon.
However, the zoning ordinance doesn’t clearly define the different types of alcohol-producing facilities and
where they should be located.
2. Staff has come up with definitions for the different types of facilities and recommendations on where they
should be allowed. All of the definitions were derived from the State of Michigan Liquor Control
Commission definitions.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Amendment to Article II, Definitions:
Brewpub – an establishment with a license issued in conjunction with a class C, tavern, class A hotel, or class
B hotel license by the State of Michigan that authorizes the person licensed with the class C, tavern, class A
hotel, or class B hotel to manufacture and brew not more than 5,000 barrels of beer per calendar year in
Michigan and sell at those licensed premises the beer produced for consumption on or off the licensed brewery
premises in the manner provided for in sections 405 and 407 of the Michigan Liquor Control Act.
Micro Brewery – A licensed brewery that produces in total less than 30,000 barrels of beer per year and that
may sell the beer produced to consumers at the licensed brewery premises for consumption on or off the
licensed brewery premises. In determining the 30,000-barrel threshold, all brands and labels of a brewer,
whether brewed in this state or outside this state, shall be combined and all facilities for the production of beer
that are owned or controlled by the same person shall be treated as a single facility. These facilities may also
contain a restaurant, bar or tasting room as an accessory use.
Brewery – A facility that is licensed by the Michigan Liquor Control Commission to manufacture and sell to
licensed wholesalers beer produced by it. These facilities may also contain a restaurant, bar or tasting room
as an accessory use.
Small Winery – a winery manufacturing or bottling not more than 50,000 gallons of wine in one calendar
year. These facilities may also contain a restaurant, bar or tasting room as an accessory use.
Winery – a facility licensed to manufacture wine and sell that wine to a wholesaler, to a consumer by direct
shipment, at retail on the licensed winery premises, to sell than wine to a retailer, and provided for in section
537 of the Michigan Liquor Control Act. These facilities may also contain a restaurant, bar or tasting room as
an accessory use.
Small Distillery – a facility for manufacturing spirits not exceeding 60,000 gallons of spirits, or of all brands
combined. These facilities may also contain a restaurant, bar or tasting room as an accessory use.
Distillery – a facility that is licensed by the Michigan Liquor Control Commission to manufacture and sell
spirits or alcohol, or both, of any kind. These facilities may also contain a restaurant, bar or tasting room as
an accessory use.
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AGENDA ITEM NO. ______________
CITY COMMISSION MEETING February 28, 2012
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: February 21, 2007
RE: Rental Registration Exemption
SUMMARY OF REQUEST:
To approve an ordinance amendment to Chapter 10, Article VI, Section 10-351 Registration of
rental dwellings. This amendment would exempt certain dwellings that are not owner-occupied,
but are occupied by certain relatives of the owner, from the rental registration requirements of
the ordinance.
FINANCIAL IMPACT:
Minimum.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the ordinance amendment
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\AGENDA-RNTL RGSTRTN XMPTN 022212
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. _____
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 10, Article VI, Section 10-351 Registration of rental dwellings, Code of
Ordinances of the City of Muskegon is amended to include the following subsection:
(g) Exemption from Registration Requirement. Dwellings that are not owner-occupied,
but are occupied by a grandparent, parent, child or current spouse of the owner are
exempt from the rental registration requirements outlined in this section. This exemption
is limited to single family residential dwellings. It is the responsibility of the owner
asking to be exempted from the rental dwelling registration requirement to provide
satisfactory proof to the City of the existence of the familial relationship between owner
and resident of the dwelling.
This ordinance adopted:
Ayes: __________________________________________________________
Nays: __________________________________________________________
Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By: ______________________________
Ann Cummings, MMC, Its Clerk
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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 day of
_______________, 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 Act No. 267, Public Acts of
Michigan of 1976, as amended, 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.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2012, the City Commission of
the City of Muskegon adopted an amendment to Chapter 10, Article VI, whereby Section
10-351 was amended by adding subsection (g), which provides an exemption from the
rule requiring registration of rental dwellings to those non-owner occupied dwellings
where the resident is a grandparent, parent, child or current spouse of the owner. This
exemption is limited to single family residences and the owner has the burden of proving
the requisite familial relationship of the resident.
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 (10) days from the date of this
publication.
CITY OF MUSKEGON
Published: _________________, 2012 By: ______________________________
Ann Marie Cummings, MMC, Its
Clerk
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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AGENDA ITEM NO. ______________
CITY COMMISSION MEETING _____________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: February 22, 2012
RE: City of Roosevelt Park Water Agreement
SUMMARY OF REQUEST:
To approve a new water supply agreement with the City of Roosevelt Park. The previous
agreement expired last October.
FINANCIAL IMPACT:
The water rate multiplier is reduced from 1.35 to 1.25 times Muskegon’s rate, which results in a
reverse reduction to the city.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the proposed agreement.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\RSVLT PK WATER AGRMNT 022212
AGREEMENT FOR MUNICIPAL WATER SUPPLY
This Agreement is effective on March 1, 2012, between the City of Muskegon,
933 Terrace Street, Muskegon, Michigan ("Muskegon"), and the City of Roosevelt Park,
900 Oak Ridge Road, Roosevelt Park, Michigan ("Roosevelt Park") is entered by the
parties for the purpose of supplying to Roosevelt Park the necessary water for its
municipal water system.
RECITALS
A. The Parties have a previous agreement for water supply effective November 1,
1996 which expired on October 31, 2011. The parties desire now to contract again
for water supplied to Roosevelt Park.
B. The Parties enter into this agreement for the mutual benefit of Muskegon and
Roosevelt Park.
THE PARTIES AGREE AS FOLLOWS:
1. Supply of Water. Muskegon shall sell, supply and deliver to Roosevelt Park,
under positive pressure, such amounts of water as Roosevelt Park may require. The
water shall be delivered at the master meter(s) having the same quality as Muskegon
furnishes and delivers to its own customers.
2. Interruptions. In the event the supply of water by Muskegon is interrupted for
short periods of time, due to circumstances beyond its control, or due to breakdown in
Muskegon’s system, such interruption shall not terminate or affect this contract, provided
Muskegon exercises all due speed and diligence in eliminating the cause of such
interruption, so as to minimize its duration.
3. Rates For Water Supply. The water supplied by Muskegon shall be paid for by
Roosevelt Park at a rate of 1.25 times the rate Muskegon charges a majority of its own
commercial/industrial/residential customers within its corporate limits. The charges for
water supply shall be determined using the metered volume of water supplied to
Roosevelt Park.
3.1 Muskegon reserves the right to increase its rates to its own customers for
water service, and in such event, Roosevelt Park’s rate shall increase at 1.25 times the
increase charged Muskegon’s customers.
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3.2 Any rate increase shall not be effective until Muskegon has given
Roosevelt Park 90 days notice thereof.
3.3 In the event any of the master meters fails to register the supply of water
due to a breakdown or other failure, the charge for the water supply shall be determined
by utilizing the average of the 30 day period prior to the breakdown. In the event the said
measure is inaccurate because of a progressive breakdown or other reason, Muskegon
reserves the right to use an average derived from a period of up to one year prior to the
breakdown, in order to determine the charge for water supplied that meter.
3.4 The current water rate-setting methodology employed by the City of
Muskegon does not include a readiness-to-serve (RTS) component. Should the City opt
to return to a rate format that includes a RTS charge, the Parties may negotiate a new rate
multiplier.
3.5 The Parties may renegotiate the rate if Muskegon secures a substantial
new municipal water customer (municipality).
4. Term. This agreement has a term of Forty years from the effective date, through
February 29, 2052. However, this agreement can be renegotiated if a regional water
agreement is reached and both Muskegon and Roosevelt Park agree to participate in
same.
5. Muskegon the Sole Source of Water; No Resale. Roosevelt Park agrees that it
shall purchase all of its water supply from Muskegon, delivered through the master
meter(s). There shall be no purchase of water by Roosevelt Park for its municipal system
from any other source, and the water supply furnished by Muskegon shall be solely for
consumption within the corporate boundaries of Roosevelt Park. Roosevelt Park shall
not sell or supply water to any other governmental unit, except a school district solely for
service to facilities of that school district located within Roosevelt Park’s corporate
boundaries.
6. Obligations of Muskegon.
6.1 Muskegon shall supply water to Roosevelt Park in the quantities required
and bill Roosevelt Park for the amount actually metered, which readings will be provided
to Roosevelt Park and verified upon request.
6.2 Muskegon shall maintain and replace the master meters as required, and
shall charge the expense thereof to Roosevelt Park in addition to the water charges. Meter
replacement shall be done by prior agreement or if meter accuracy is demonstrated to be
outside the AWWA standard or +/- 2%. The cost of meter testing and/or calibration shall
be shared equally Muskegon and Roosevelt Park.
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7. Roosevelt Park’s Obligations.
7.1 Pay the water charges set forth above promptly on a schedule to be
determined by the parties.
7.2 Pay all costs for construction, design and improvement of its own system,
meters and facilities such as, but not limited to, underground systems, overhead facilities,
system pumps, meters, access and repair devices, all necessary to operate its water system
or to increase its pressure over that supplied by Muskegon.
7.3 Include in its system all necessary devices to prevent back flow of any
kind into the water system which might contaminate the water systems of either city from
back flows occurring in Roosevelt Park.
7.4 Reimburse Muskegon as appropriate for its repair, maintenance and
replacement of the master meters agreed to above.
7.5 Be responsible for the maintenance, repair, and replacement of its own
water system unless otherwise provided for through a separate agreement.
7.6 Administer its own water customer services including billings, collections,
determining its customer rates and passing any ordinances required by law in connection
with the administration of this agreement and the system.
7.7 Roosevelt Park shall save and hold Muskegon harmless from any and all
claims, demands or damages arising out of the design, construction or operation of the
Roosevelt Park system, the master meter(s), any connections between the parties’
systems, or the operation of the Roosevelt Park system, including but not limited to all
damages, costs, attorney fees, laboratory expenses, fines, penalties, or any other expense
arising out of any such claim.
8. System Master Plan and Reliability. The Parties understand and agree that the
physical and financial health, reliability and growth of the entire system are directly
related to that of the individual systems. Periodic reliability studies are also required as a
condition of system licensing by the State of Michigan. To that end, a Water System
Master Plan and Reliability Study by Black and Veatch Corporation was commissioned,
which was completed in March, 2011. In addition to a detailed system analysis, the
Study makes specific recommendations for system improvements and regional system
planning. The Parties agree to jointly discuss and consider implementing the
recommendations of the current and future reliability studies.
9. No Third Party Beneficiary. There shall be no other beneficiary or third party
beneficiary to this agreement. No remedy is provided or intended by this agreement for
the customers of either Party.
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10. Assignment. This contract may not be assigned to another entity by either Party
without prior written consent.
11. Entire Agreement. This Agreement sets forth the entire understanding of the
parties with respect to its subject matter. This Agreement supersedes and/or replaces any
oral or written Agreement(s) relating to the subject matter entered into by the parties
before the date of this Agreement.
12. Severability. In the event any provision of this agreement is determined to be
invalid by any court or tribunal having jurisdiction, the balance of the agreement shall
remain in full force and effect.
13. Law Applicable. This agreement shall be interpreted under Michigan Law.
14. Notice. Any notice required to be given or made to a Party must be in writing and
will be deemed given when delivered personally or by registered or certified mail (return
receipt requested), addressed to the Party at its address stated above. Addresses for
giving notice may be changed by giving notice of the new address.
15. Approvals. This agreement shall be effective on the date above, but only after
approvals given by the governing body of each party.
IN WITNESS WHEREOF, the parties execute this agreement after the
appropriate approvals.
City of Roosevelt Park
Date:___________________, 2012 By____________________________
Susan M. Lumley, Mayor
Date:___________________, 2012 and ___________________________
Tammera Harmsen, Clerk
City of Muskegon
Date:___________________, 2012 By ____________________________
Stephen J. Warmington, Mayor
Date: ___________________, 2012 and ___________________________
Ann Marie Cummings, Clerk
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\roosevelt park water purchase agreement 22212.DOC
DATE: 02/17/2012
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN110144
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
1675 PINE ST(Garage) Area 13 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: # EN110144 - 1675 PINE ST(Garage)
Location and ownership: This structure is located on Pine St. between Dale and
E. Larch Streets and is owned by CRAIN GARY M/MARY C TRUST and
Huntington National Bank, Dept NC1N04, 2361 Morse Rd., Columbus, OH
43229.
Staff Correspondence: A dangerous building inspection was conducted on
08/10/11. The Notice and Order to Repair was issued on 08/29/11. On 11/03/11
the HBA declared the structure substandard and dangerous.
Owner Contact: Mr. Gary Crain was present for HBA meeting dated 11/03/11.
Mr. Crain stated bank had foreclosed on property and changed locks but refuses
to remove his name off the deed, he doesn’t want to be charged for a demolition
on property he no longer owns. No permits have been issued and no inspections
scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $14,200 (Entire property)
Estimated cost to repair: $4,000 (Garage Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 1675 PINE ST(Garage)
1675 Pine is a single story 1 ½ stall concrete block building. This building was
damaged by a falling tree during a wind storm in 2011. The building roof was
severely damaged during the wind storm, as well as the exterior block walls. The
building if left in it’s current state will deteriorate and become a blighting influence
in this neighborhood.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, August 25, 2011
Enforcement # EN110144 Property Address 1675 PINE ST
Parcel #24-205-298-0028-00 Owner CRAIN GARY M/MARY C TRUST
Inspector: Henry Faltinowski
Date completed: 08/10/11
DEFICENCIES:
1. Garage damaged by wind storm - tree fell on garage.
2. Replace roof system - rafters, sheathing, roofing.
3. Replace all damaged block walls to MRC Code structural damage.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date
DATE: 02/17/2012
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN110073
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
845 W DALE AVE Area 12 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: # EN110073 - 845 W DALE AVE
Location and ownership: This structure is located on W. Dale Ave. between
Henry and Division Streets and is owned by J R C PROPERTIES LLC.
Staff Correspondence: A dangerous building inspection was conducted on
04/22/11. The Notice and Order to Repair was issued on 05/26/11. On 08/04/11
the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 12/06/07. All
notices sent certified mail have returned unclaimed. No permits have been
issued and no inspections scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $25,200 (Entire property)
Estimated cost to repair: $15,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 845 W DALE AVE
This building is a two story wood framed structure, containing two dwelling units. The
roof system has failed and the eaves at the rear of the house has rotted away. The
Inspections Department secured this building in February 2011. The interior of this
building has probably suffered water damage because of the condition of the roof. There
have been no attempts by the property owner to rehabilitate this vacant structure. It will
continue to deteriorate and become a blighting influence on the neighborhood.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Tuesday, April 26, 2011
Enforcement # EN110073 Property Address 845 W DALE AVE
Parcel #24-776-002-0016-00 Owner J R C PROPERTIES LLC
Inspector: Henry Faltinowski
Date completed: 04/22/2011
DEFICENCIES:
1. Part of roof system has fallen off home(Back gable and eave)
2. Numerous broken out windows.
3. Chimney repair needed open gaps in brick.
4. Replace all deteriorated roof covering.
5. Upper ceilings plaster falling off ceiling.
6. Provide - request interior inspection by trade inspectors.
7. Repair all damaged siding.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date
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