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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 26, 2010
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. Expense for Storm Water Phase II Compliance for 2010. PUBLIC WORKS
C. Transportation Improvements Program Submittal for 2013-2014 Projects.
ENGINEERING
D. Engineering Services Agreement to Convert Traffic Signals on Laketon
at Hoyt, Getty and Roberts to Box Span Signals. ENGINEERING
E. Energy Evaluation Proposal – Engineering Services Agreement.
ENGINEERING
F. Senior Nutrition Program, AgeWell Services of West Michigan (AWS) and
City of Muskegon Agreement. PLANNING & ECONOMIC
DEVELOPMENT
G. City – MDOT Agreement for Engineering Modification/Upgrade Traffic
Signals along Laketon Avenue. ENGINEERING
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Roosevelt Park Water & Sewer Systems Operation Agreement. CITY
MANAGER
B. Marsh Field Management Agreement. PUBLIC WORKS
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: January 26, 2010
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the January 4th
Organizational Meeting, the January 11th Commission Worksession, and
the January 12th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
ORGANIZATIONAL MEETING
JANUARY 4, 2010
CITY COMMISSION CHAMBERS
CITY HALL 5:30 P.M.
Minutes
The meeting was called to order by Mayor Warmington at 5:30 p.m. Also present were
Commissioners Wierengo, Carter, Shepherd, Gawron, Wisneski, and Spataro.
The meeting opened with prayer given by Department of Public Works Director Robert
Kuhn, followed by the Pledge of Allegiance.
2010-01
A. Oath of Office Ceremony. Honorable Andrew Wierengo, III, Judge for
Muskegon County gave the oath of office to Mayor Warmington and
Commissioners Gawron and Wierengo.
B. Election of Vice-Mayor. Motion by Spataro, seconded by Shepherd to elect
Steven J. Gawron as Vice Mayor.
VOTE: 7 Yeas 0 Nays Motion Passed
C. Setting City Commission Meetings: 5:30 p.m. – 2nd and 4th Tuesdays each
month and the Worksession Meetings: 5:30 p.m. Monday preceding the 2nd
Tuesday each month. Motion by Carter, seconded by Wierengo to set City
Commission dates for every 2nd and 4th Tuesday of each month at 5:30 p.m. and to
set Worksession meetings for the Mondays preceding the 2nd Tuesday of each
month at 5:30 p.m.
VOTE: 7 Yeas 0 Nays Motion Passed
D. Appointment of City Manager: Bryon L. Mazade. Motion by Gawron,
seconded by Carter to appoint Bryon L. Mazade as City Manager.
VOTE: 7 Yeas 0 Nays Motion Passed
E. Appointment of City Clerk: Ann M. Becker. Motion by Carter, seconded by
Spataro to appoint Ann M. Becker as City Clerk.
VOTE: 7 Yeas 0 Nays Motion Passed
F. Appointment of City Treasurer: Derrick Smith. Motion by Carter, seconded
by Wierengo to appoint Derrick Smith as City Treasurer.
VOTE: 7 Yeas 0 Nays Motion Passed
G. Appointment of City Auditor: Timothy Paul. Motion by Carter, seconded by
Shepherd to appoint Timothy Paul as City Auditor.
VOTE: 7 Yeas 0 Nays Motion Passed
H. Appointment of City Assessor and Deputy Assessors: Motion by Spataro,
seconded by Wierengo to appoint the County Equalization Director Donna Stokes
and Deputy Director Dan VanderKooi as the City Assessor and Deputy Assessor.
VOTE: 7 Yeas 0 Nays Motion Passed
I. Designation of City Fund Depositories. Motion by Gawron, seconded by
Spataro to designate the following financial institutions as the official depositories
of the City Funds:
Fifth-Third Bank (Main Depository)
Huntington Bank
Comerica Bank
National City Bank
VOTE: 7 Yeas 0 Nays Motion Passed
J. Designation of Firm to Act as Legal Counsel: Parmenter-O’Toole. Motion
by Spataro, seconded by Carter to designate the firm of Parmenter-O’Toole as
legal counsel for the City of Muskegon.
VOTE: 7 Yeas 0 Nays Motion Passed
K. Creating Additional Precinct in Ward 1. Motion by Spataro, seconded by
Wierengo to add a precinct at Muskegon Community College as outlined in the
resolution and map.
VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and
Shepherd. Nays: None. Motion Passed
L. Review of Costs for Fire Services Mutual Aid. The City Manager will report
on this at the January 12, 2010 Commission meeting.
Meeting adjourned at 5:48 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
City of Muskegon
City Commission Worksession
January 11, 2010
City Commission Chambers
5:30 PM
MINUTES
2010-2
Present: Commissioners Warmington, Wierengo, Shepherd, Spataro, Carter, Wisneski, and
Gawron.
Absent: None.
Presentation by Management of LC Walker Arena. - REMOVED
Muskegon Township Fire Proposal.
Commissioners recommended that the City of Roosevelt Park, Muskegon Township, and City of
Muskegon Heights meet to see if there is a plan that could be beneficial to all involved.
It was agreed that the City of Muskegon will wait for a decision from Roosevelt Park before
moving forward.
Goal Setting Meeting – Set Date.
A date of February 11, 2010 is a possibility. The City Manager will email possible dates and a
final date will be determined.
Any Other Business.
Dennis McKee of Consumers Energy came forward to answer any questions regarding the recent
press release that the local BC Cobb Plant may close in the next few years. It is not determined
if the plant will actually close at this time.
Public comments were received.
Adjournment.
Motion by Commissioner Carter, seconded by Vice Mayor Gawron to adjourn at 6:18
p.m.
MOTION PASSES
________________________
Ann Marie Becker, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 12, 2010
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, January 12,
2010.
Mayor Warmington 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: Mayor Stephen Warmington, 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
City Clerk Ann Marie Becker.
2010-03 HONORS AND AWARDS:
A. Promoting Active Communities.
Cathy Brubaker-Clarke presented to the Mayor and Commission the Silver Level
Award for Promoting Active Communities. The City was awarded this on
November 13, 2009, for taking steps to make it easier for residents to lead
physically active lifestyles.
2010-04 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the December 7th Commission
Worksession, and the December 8th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Clement Coulombe to rehabilitate a
home in the Nelson neighborhood at 517 W. Webster Ave. The home is located
in a Neighborhood Enterprise Zone. The application states that the estimated
cost for rehabilitation will be around $100,000 for the replacement of windows,
installation of wood siding, structural reinforcement, roofing, construction of a
basement, doors, plumbing, HVAC, electrical, insulation, and many updates to
the interior of the home. The applicant has met local and state requirements for
the issuance of the NEZ certificate. Approval or denial by the City Commission is
required within 60 days of the application date and must be forwarded to the
State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 12
years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve issuance of the NEZ certificate.
C. Liquor License Request – Cindy’s Food Marts, Inc., 812 W. Laketon. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Cindy’s Food Marts, Inc. to transfer stock
interest in the 2009 SDM licensed corporation wherein Richard D. Kamp transfers
1/10 share of stock to new stockholder Cindy L. Kamp.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
D. Liquor License Transfer Request – Dave’s House, LLC, 435 & 441 W.
Western. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Dave’s House, LLC to transfer the 2008 Class
C Licensed Business (currently in escrow) with Dance-Entertainment Permit,
located at 435 & 441 W. Western Avenue, from PCJ Enterprise, LLC to Dave’s
House, LLC.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
E. Accept Resignations from Various Boards. CITY CLERK
SUMMARY OF REQUEST: To accept resignations from Dan Rinsema-Sybenga
from the Citizen’s District Council and from Doug Beecham from the Equal
Employment Opportunity Committee.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended approval at their January 11th meeting.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
2010-05 NEW BUSINESS:
A. Request to Apply for ADA Grant for Election Precincts. CITY CLERK
SUMMARY OF REQUEST: The State of Michigan is accepting grant applications
from municipalities through January 22, 2010, to make polling places accessible.
The Clerk’s Office has contacted Inclusion Solutions, a company with vast
experience and knowledge in the area, for a proposal.
FINANCIAL IMPACT: Total cost to make all polling places accessible in the City
of Muskegon is estimated to be $20,436.55. It is unknown what the match might
be if the City is chosen as a recipient.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends that the City Clerk be authorized
to apply and sign for the grant application(s) on behalf of the City of Muskegon.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to authorize
the City Clerk to apply and sign for the grant applications on behalf of the City of
Muskegon for the ADA grant for election precincts.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
B. Finance Department Changes. FINANCE
SUMMARY OF REQUEST: Staff is seeking approval to implement two changes
that will allow the Finance Department to operate more efficiently. These
changes include the upgrade of a position and the leasing of space at City Hall
to the City’s contractual accountant.
FINANCIAL IMPACT: $7,200 lease income; budget savings approximately
$48,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to proceed with changes.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the recommended changes requested by the Finance Department.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 5:42 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Date: January 26, 2010
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: Expense for Storm Water Phase II Compliance for
2010
SUMMARY OF REQUEST:
Authorize staff to commit to the Muskegon Area Municipal Storm Water
Committee for the City’s share of the proposed Mona Lake Watershed
proposal of $13,029 to pay for the professional services necessary to
develop the required storm sewer plans for MDEQ compliance.
FINANCIAL IMPACT: $13,029 is allocated for Contractual Services in
the Storm Water Management Budget
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval
Date: January 26, 2010
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Transportation Improvements Program Submittal for:
2013-2014 Projects
SUMMARY OF REQUEST:
Authorize staff to submit the attached list of projects to the West Michigan Shoreline
Regional Development Commission for inclusion in the FY 2013 – 2014 Transportation
Improvement Program (TIP). Projects submitted will be considered for Federal and
State transportation funding. Adoption of the attached resolution is required as part of
the submittal to commit the local match should funds become available.
FINANCIAL IMPACT:
None at this time; however, a local match will be required should we receive a grant for a
particular project.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the project submittal and resolution.
COMMITTEE RECOMMENDATION:
Resolution No.______________
RESOLUTION FOR AUTHORIZATION TO REQUEST THE WEST MICHIGAN SHORELINE REGIONAL
DEVELOPMENT COMMISSION TO INCLUDE THE CITY'S PROJECTS IN THE 2013-2014
TRANSPORTATION IMPROVEMENT PROGRAM
WHEREAS, the Federal Transit Administration, the Federal Highway Administration and the Federal Aviation
Administration, through the Intermodal Surface Transportation Efficiency Act of 1991; Act 51, P.A. 1951; and
various other Federal and State acts, in cooperation with the Michigan Department of Transportation, makes
funding available for local jurisdictions and agencies for transportation improvements projects; and
WHEREAS, the West Michigan Shoreline Regional Development Commission (WMSRDC) is the organization
designated by the Governor as being responsible, together with the state, for carrying out provisions of 23
U.S.C. 134 (Federal Aid Planning Requirements) and the WMSRDC has deferred to the Muskegon Area
Transportation Planning Program's (MATPP's) Policy Committee upon recommendation of the MATPP
Technical Committee all matters of policy and approval related to transportation planning work programs, the
long range transportation plan, and the Transportation Improvement Programs; and
WHEREAS, the WMSRDC is responsible, through the MATPP Advisory Committees (Technical and Policy), for
implementing the federally required "3-C" urban transportation planning process, including the development of
the transportation Improvement Program; and
WHEREAS, the 3-C planning process for Muskegon County has been certified according to the requirements of
25 CFR 450.114(c); and
WHEREAS, the City of Muskegon desires to secure financial assistance from the federal and/or State
government to help defray the cost of the attached proposed transportation projects; and
WHEREAS, the required local match for the requested funding is available [or will be available] and committed
to the proposed projects upon grant approval;
NOW, THEREFORE BE IT RESOLVED that the City of Muskegon requests the West Michigan Shoreline
Regional Development Commission to consider inclusion of the projects in the priority list of Transportation
Improvement Program for the Fiscal Years 2013-2014.
BY: _______________________
Stephen J. Warmington, Mayor
Attest: _______________________
Ann Marie Becker, Clerk
Date
THE CITY'S WISH LIST FOR 2013 - 2014 TIP
Limits
Type of Fund Roadway Name length (ft) From To Year Estimated Cost STP Federal share Local Share Type of Improvements
@ 80%
2013 Projects
STP Sherman 2640 Estes Glenside 2013 $600,000.00 $300,800.00 $299,200.00 Reconstruction
STP Laketon Ave. 2200 Wood Getty 2013 $700,000.00 $313,000.00 $387,000.00 Reconstruction
Sub-total $1,300,000.00 $613,800.00 $686,200.00
2014 Projects
STP Terrace 1600 Apple Western 2014 $899,000.00 $719,200.00 $179,800.00 reconstruction
STP Hackley 3400 Glen Hudson 2014 $612,000.00 $489,600.00 $122,400.00 reconstruction
STP PortCity/Latimer 3600 Black Creek Laketon 2014 $572,000.00 $457,600.00 $114,400.00 major rehab.
Sub-Total $2,083,000.00 $1,666,400.00 $416,600.00
Date: January 26, 2010
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Engineering Services Agreement to convert Traffic Signals
on Laketon @ Hoyt, Getty & Roberts to Box Span signals
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement with Progressive A/E to
perform the necessary design and preparation of specifications and construction to
upgrade and convert three (3) traffic signals on Laketon @ Hoyt, Getty & Roberts to a
box span signals to improve safety for a not to exceed fee of $17,411.45.
FINANCIAL IMPACT:
Cost of surveying, design, specifications and construction engineering, $17,411.45. Most of
this cost, $10,103.00 is funded by an MDOT grant.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Progressive.
COMMITTEE RECOMMENDATION:
Date: January 26, 2010
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Energy Evaluation Proposal – Engineering Services Agreement
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement with Rhoades
Engineering out of Norton Shores to perform energy saving evaluations for:
A- Smith Ryerson community building
B- McGraft Park building
C- City owned Street lights along Western Ave.
D- L.C. Walker score board
For a not to exceed fee of $16,500 for the design and specifications phase and a not to
exceed fee of $14,400 for the construction inspection phase.
FINANCIAL IMPACT:
A total of $30,900
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Rhoades Engineering
COMMITTEE RECOMMENDATION:
Energy Evaluation Proposals for:
McGraft Park, Smith Ryerson (Community Building) -
City Owned Street Lights (along Western) & L.C. Walker's score board
Firm's Name & Address Proposed Fee ($) for: Total Fee
Evaluation/Design Inspection
Progressive A/E $26,000.00 $11,200.00 $37,200.00
18114 4-Mile Rd. - GR.
Rohdes Engineering $16,500.00 $14,400.00 $30,900.00
4801 Henry St. - Muskegon
Century A &E $20,400.00 $17,280.00 $37,680.00
277 Crahen Ave. - GR
Commission Meeting Date: January 26, 2010
Date: January 19, 2010
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Senior Nutrition Program, AgeWell Services of
West Michigan (AWS)/City of Muskegon
Agreement
SUMMARY OF REQUEST: The City of Muskegon has had an
Agreement with AgeWell Services of West Michigan (AWS), formerly
Nutritional Services for Older Americans, Inc. (NSOA). They are
requesting that this Agreement be renewed through for another year
(through September 30, 2010). AWS will pay the City $200.00 a month
for expenses associated with the McGraft Park Community Building,
where they operate as a location for senior meals and support services
for seniors in the area. The City will provide financial support in the
amount of $8,316.00 for staff time for recreational programs provided at
McGraft Park and their other locations.
FINANCIAL IMPACT: The City will receive $200.00 a month in rent from
AWS and will provide $8,316.00 for staff time for programs provided at
McGraft Park and other locations within the City of Muskegon for
seniors.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement between
AWS and the City and authorize the Mayor to sign the Agreement.
Date: January 26, 2010
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement for Engineering
modification/upgrade traffic signals along
Laketon Ave.
SUMMARY OF REQUEST:
To approve the attached contract with MDOT to perform the preliminary engineering
to upgrade traffic signals on Laketon @ Hoyt, @ Getty & @ Roberts and to approve
the attached resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT’s participation in the design phase is limited to the federal funds of $19,200.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Approve the attached contract and resolution and authorize the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE PERFORMANCE OF PRELIMINARY ENGINEERING
ACTIVITIES FOR THE INTERSECTIONS OF LAKEON & HOYT; LAKETON &
GETTY; LAKETON & ROBERTS TOGETHER WITH OTHER NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J.
WARMINGTON AND CITY CLERK ANN BECKER TO EXECUTE SAID
CONTRACT
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 10-5009 between the
Michigan Department of Transportation and the City of Muskegon for the
preliminary engineering activities to upgrade three traffic signals along
Laketon @ Hoyt, Getty & Roberts within the City is in the best interests of the City
of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 10-5009 be and
the same is hereby authorized and approved and the Mayor and Clerk are authorized
to execute said contract for and on behalf of the City of Muskegon.
Adopted this____________day of____________, 2010.
BY
Stephen J. Warmington, Mayor
ATTEST
Ann Becker, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2010. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
CITY OF MUSKEGON
By___________________________
Ann Becker, City Clerk
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING _____________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: January 15, 2010
RE: Roosevelt Park Water & Sewer Systems Operation Agreement
SUMMARY OF REQUEST:
To approve an agreement with the City of Roosevelt Park for the City of Muskegon to provide
certain administrative functions and maintenance of the Roosevelt Park water and sewer
systems.
FINANCIAL IMPACT:
The City will be paid for its costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the agreement and authorize the Mayor and Clerk to execute it.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\RSVLT PK W_S SSTMS OP AGRMNT 011510
OPERATION AND MAINTENANCE AGREEMENT
This Agreement is effective on ________________, 2010, between the City of
Muskegon, 933 Terrace Street, Muskegon, Michigan 49443("Muskegon"), and the City
of Roosevelt Park, 900 Oak Ridge Road, Roosevelt Park, Michigan 49441("Roosevelt
Park").
Introduction
A. Roosevelt Park and Muskegon desire to enter into a contract for Muskegon to
provide operation and maintenance functions of Roosevelt Park’s Water and
Sewer Systems.
THE PARTIES AGREE AS FOLLOWS:
1. Operations Function. Muskegon will act as the Operator in Charge of the
Roosevelt Park water system. As such, Muskegon will ensure that the appropriate
testing of the water system is accomplished and applicable reports are filed with the
MDEQ.
2. Maintenance Functions. Muskegon agrees to provide emergency on-call
repairs, and routine maintenance for Roosevelt Park’s water and sewer systems, as
requested.
3. Rate. Muskegon shall charge Roosevelt Park on a time-and-material basis, as
follows:
a) Material. Muskegon shall charge Roosevelt Park for all materials at
cost plus the City Commission standard overhead rate, which is presently fifteen percent
(15%). Muskegon shall provide itemized bills for materials.
b) Sub-contractors. Muskegon shall charge Roosevelt Park for all
sub-contractors at cost plus the City Commission determined standard overhead rate,
which is presently fifteen percent (15%). Muskegon shall provide itemized bills for
sub-contractors.
c) Manpower Costs. Muskegon shall charge Roosevelt Park for all
manpower time attributable to the Water and Sewer Systems, including travel time and
any minimum time that Muskegon is obligated to pay an employee. Muskegon shall
charge the hourly rate Muskegon pays the employee performing the work, plus a
calculated percentage to cover fringe benefits and other non-direct costs. The calculated
hourly rate shall be determined annually based on the current City of Muskegon Water
and Sewer Utility Maintenance Budgets.
d) Equipment. The charge for any Muskegon equipment shall be at the
rate that the State of Michigan sets for equipment rental. If the State does not have such a
charge, the rate shall be that set by Muskegon.
e) Rate Changes. As the hourly rates for employees and cost of fringe
benefits change, Muskegon shall immediately inform Roosevelt Park as to changes in
hourly rates, fringe benefit costs, and overhead rate. Changes in the overhead rate will be
applied prospectively, only, but the hourly rate and fringe benefit cost may be changed
retroactively, but only if the settlement of a labor contract results in a change in the
hourly rate of Muskegon employees.
4. Payment. Roosevelt Park shall pay Muskegon, as follows:
b) Muskegon shall send an invoice to Roosevelt Park for manpower,
materials, sub-contractors, and equipment on a regular basis. In any event not later than
the 30th day of the month following the close of the month in which such services were
rendered. Roosevelt Park shall pay such charges within thirty (30) days.
6. Term. The term of the agreement shall be for one year from the effective date of
the agreement.
5. Miscellaneous.
a. Governing Law. This Agreement shall be governed in all respects by the
laws of the State of Michigan.
b. 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.
c. Additional Agreements. Muskegon and Roosevelt Park agree to enter
into any further agreements, contracts or consents necessary to fully effectuate the terms
of this Agreement.
d. Termination. Either party may terminate this contract on sixty (60) days
notice.
e. Assignment. This contract may not be assigned to another entity by either
party.
The parties have executed this Agreement with the consent and approval of their
governing bodies. It is effective on the effective date set forth above.
City of Roosevelt Park
Date:___________________, 2009 By ___________________________
Jeff Lenartowicz, Mayor
Date:___________________, 2009 and ___________________________
Tammera Harmsen, Clerk
City of Muskegon
Date:___________________, 2009 By ___________________________
Stephen J. Warmington, Mayor
Date: ___________________, 2009 and ___________________________
Ann Marie Becker, Clerk
Date: January 26, 2010
To: Mayor and City Commission
From: Public Works
Re: Marsh Field Management Agreement
SUMMARY OF REQUEST: Authorize the Mayor and City Clerk to
execute the attached “Marsh Field Baseball Facility Management
Agreement” with Lakeshore Baseball Club. Previously, the City
Commission approved the concept of allowing the Lakeshore Baseball
Club operate Marsh Field for future baseball recreational activities.
FINANCIAL IMPACT: Lakeshore Baseball Club will expand the
operations of this facility and will invest in improvements to the facility.
BUDGET ACTION REQUIRED:
This contract will offer a substantial savings in maintenance costs and
opportunities for capital improvements that the City cannot accomplish.
STAFF RECOMMENDATION:
Recommend approval.
COMMITTEE RECOMMENDATION:
MARSH FIELD BASEBALL FACILITY MANAGEMENT AGREEMENT
This Agreement is made this ____ day of _________ 20__ by and between the City of
Muskegon, a Michigan municipal corporation, 933 Terrace Street, Muskegon, Michigan 49443-
0536 (“the City”) and Lakeshore Baseball Club, LLC, a Michigan limited liability company, of
Muskegon, Michigan(“LBC”).
Background
WHEREAS, Marsh Field Baseball Facility (MFBF) is a baseball field located in Marsh Field
Park within the park system of the City and is located at 1800 Peck Street, Muskegon, Michigan,
at the intersection of Peck Street and Laketon Avenue;
WHEREAS, Marsh Field consists of a baseball facility, a playground, picnic equipment, and
surrounding walking trails;
WHEREAS, the City owns the MFBF and LBC wishes to operate and maintain the MFBF for
eight months of the year;
In consideration of the mutual promises of the parties set forth in this Agreement
and other valuable consideration, the receipt and adequacy of which are acknowledged, the
parties agree as follows:
Definitions. “The Season” shall be defined as the period beginning on March 1st of any given
year and ending on October 31st of the same year.
Term. This Agreement shall be for a period of three (3) years. At the end of each Season during
the term of the agreement, the parties may agree to extend the life of the agreement by one year,
thus creating a perpetual three-year contract. Both parties must agree in writing to the extension
of the term of the contract. In the event that the results of operations for any year during the term
are insufficient to allow LBC to fulfill its obligations hereunder, LBC shall be permitted to
terminate this Agreement upon ninety (90) days advance written notice. In the event that LBC
fails to provide the services in the best interests of the Marsh Field Facility, the shall be
permitted to terminate this Agreement upon ninety (90) days advance written notice.
Maintenance. LBC shall operate and maintain the MFBF in an efficient and competent manner
throughout the Season. During the off-Season period, from November 1 until March 1 of the
following year, the LBC may use the MFBF only with prior approval and permission from the
City, which approval and permission shall not be unreasonably withheld or delayed. During the
Season, LBC shall have the exclusive right to control the use of and have sole responsibility for
maintaining the schedule for use of the MFBF.
LBC shall be responsible for the following during the Season:
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Repair or replace as needed all bases, home plate, pitching rubbers, chalk, diamond dry,
stone dust, clay bricks, or any other baseball related items attributable to the playing
surface.
Perform maintenance of the MFBF, including but not limited to, picking up trash and
cleaning the restroom facilities.
The City shall provide the following maintenance equipment for LBC’s use during the Season:
Electric cart
Field drag and float
Batter’s box template
Line painter machine and chalker
Hand held blower
Weed whip
Push lawnmower
The City shall be responsible for the following year-round, including the Season:
Provide dumpster service, trash bags, paper products, and cleaning supplies for the
cleaning of restrooms.
Maintain walking trail, playground equipment, and all trees.
Mow the grass, including the MFBF, at least once per week during the slow growing
months, and twice per week during peak growing months of May, June, and July. If any
additional mowing is needed during the Season, it shall be performed by the LBC.
Concessions. LBC shall control all concessions directly or through its designated vendor or
licensee and receive any profits from these concessions. LBC or its designated vendor or licensee
will be responsible for all sales tax reports and remittance. LBC shall be responsible for
maintenance and cleaning of concessions areas.
Improvements. LBC shall upgrade the assets of the MFBF to make the facility more desirable
for future tournaments and leagues, in a manner subject to review and approval of the City,
which shall not be unreasonably withheld or delayed. All such improvements must comply with
all current laws and ordinances, including but not limited to the Americans with Disabilities Act.
ADA Compliance. LBC shall insure that reasonable accommodations will be met as required by
the Americans with Disabilities Act. To that end, the LBC shall unlock the elevator for use upon
request and shall assist persons in wheelchairs with use of the entrance ramp.
Entrance and Parking Fees. LBC may charge a gate entrance fee or other use fee, for
spectators attending events within the MFBF. All parking shall be free of charge to
accommodate trail walkers and non-baseball related activities.
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Historic Character and Marsh Field Name. LBC shall protect and promote the unique
history, character and charm of the MFBF, including the “Marsh Field” name. The name of the
facility shall not be changed, but LBC shall be permitted a license to use and promote the name
in any of its advertising, promotions, fundraising and other activities as it may conduct from time
to time at the MFBF.
Electrical Utilities. The City shall pay and LBC shall reimburse the City for the cost of
electrical service for the MFBF facility during the Season.
Water and Sewer. LBC shall reimburse the City for the cost of water and sewer service for the
restrooms and concession stand during the operational period covered by this contract. Irrigation
water is separately metered and the City shall pay for all sprinkling/irrigation.
Improvements. During the term of this contract, LBC shall make the following improvements,
subject to site and other environmental conditions:
Infield upgrades (Immediately upon approval of this contract)
Reseeding, fertilizing, weed control, as needed
Re-netting of backstop
Dugout upgrades
Field lighting upgrades and improvement
Grandstand and seating improvement
Scoreboard improvement
Landscaping improvements
LBC will retain possession of any “portable” improvements and the City shall retain possession
of any “attached” improvements.
The City shall seek grants and donations to assist LBC in funding MFBF improvements and
upgrades.
Promotions, advertising, fund-raising. LBC may operate and promote baseball leagues and
tournaments and events to increase use of MFBF and provide activities for our residents and
guests, for which it may charge a fee. LBC shall promote participation of local City of Muskegon
youth in tournaments. The City shall assist LBC in recruiting City of Muskegon youth to
participate in existing leagues or programs offered by or through baseball organizations using the
MFBF. The City shall assist LBC in the promotion of baseball leagues and tournaments with the
assistance of its Events Committee.
LBC may advertise and obtain sponsors for a fee. Non-permanent banners may be displayed
inside the MFBF on the fences for the duration of the Season. The City must pre-approve the
material, size and content of banners, which shall not be unreasonably withheld.
LBC may charge team fees, entry fees, and tournament fees to provide funds for MFBF
operating expenses and to provide funds for future upgrades of the MFBF facility.
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Muskegon Public Schools. LBC shall accommodate Muskegon Public Schools’ schedule for
games and practices including preparation of the field on game days. All scheduling and game
cancellations shall be handled directly between the Muskegon Public School System and LBC.
The City shall act as liaison between the LBC and the Muskegon Public School System to
resolve any conflicts or disagreements that may arise. LBC and the City may require proof of
insurance related to such use in accordance with historic practices, the parties recognizing and
agreeing that LBC shall have no liability for any such uses.
Programs. LBC will continue to provide recreational baseball opportunities similar to those
currently provided by the City of Muskegon Recreation Department, and to expand and promote
additional opportunities whenever possible.
LBC will allow the opportunity of one all-star team from the East Little League and one all-star
team from the West Little League to participate in tournaments free of entry fee. LBC will make
such offer to each local Little League group far enough in advance that the league can put
together a roster and respond in a timely manner.
LBC, either directly or through a third party, may at times conduct summer baseball/softball
camps. LBC will waive registrations fees for City of Muskegon youth upon proof of residency.
LBC shall coordinate with the City for the promotion of these events.
LBC will cooperate with the City for the scheduling of any special non-baseball event that may
need to use the MFBF. The City shall pay all extraordinary expenses incurred for such non-
baseball events and LBC shall have no liability with respect thereto.
Use of Other City Facilities. The City shall assist LBC whenever it wishes to use additional
City of Muskegon softball facilities such as Beukema, Reese, and McCrea Fields. The use of
these facilities will be subject to scheduling and availability. The modification of these additional
facilities to accommodate little league play will be at the expense of LBC.
Reports. LBC shall provide an annual report of participation and demographics to the City.
LBC shall provide an annual financial report showing revenues and expenses and the amounts
invested in the facility to the City.
Portable Restrooms. LBC will provide additional portable restrooms if needed for special
baseball events or tournaments. At least one ADA approved portable restroom is required.
Notice of Schedule. LBC will notify the City of any scheduled events as far in advance as
possible so that the City can assist in answering questions and to assist in promotion both
through its Events Committee and through its website.
Insurance. LBC shall obtain the following types of insurance with the minimum coverage
amounts as follows:
Comprehensive General Liability Insurance. LBC shall obtain a comprehensive liability
policy acceptable to the City carrying limits of at least $1,000,000, single limit.
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Automobile Liability. LBC shall obtain automobile liability insurance in an amount not
less than minimum state requirements.
Workers Compensation insurance. LBC shall carry workers’ compensation insurance in
the amounts required by law for any of its employees.
The City shall be named as additional insured on the Comprehensive General Liability Insurance
and Automobile Liability policies. Each policy shall carry the commitment by the company that
no cancellation shall be effective against the City with less than thirty (30) days written notice to
the City.
Liens. LBC shall be responsible for protecting the City from any and all liens, mortgages, and
security interests or claims for any interest in any property owned by the City relating to LBC’s
use thereof..
This Agreement was entered into on the date set forth above.
BY:
City of Muskegon, a Michigan municipal
corporation
By: ______________________________________
Stephen J. Warmington, Mayor
By: ______________________________________
Ann Marie Becker, MMC, Clerk
AND:
Lakeshore Baseball Club, a Michigan corporation
By: ______________________________________
Leonard Piasecki Its: President
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