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CITY OF MUSKEGON CITY COMMISSION MEETING FEBRUARY 10, 2009 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: PLEDGE OF ALLEGIANCE: ROLL CALL: HONORS AND AWARDS: A. 2008 Suggestion Award Winner. CIVIL SERVICE INTRODUCTIONS/PRESENTATION: CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING & ECONOMIC DEVELOPMENT C. Liquor License Request for JS Hockey Enterprises, Inc, (L. C. Walker Arena) 470 W. Western. CITY CLERK D. YouthBuild Grant. COMMUNITY & NEIGHBORHOOD SERVICES E. Equipment Purchase – Concrete Breaker. PUBLIC WORKS F. Acceptance of First, Second, Jefferson and Market Streets into the City’s Street System. ENGINEERING G. Replacement of Compressors on the Chiller at City Hall. ENGINEERING H. Amend the Uniform Agreement with Arrow Uniform. PUBLIC WORKS PUBLIC HEARINGS: COMMUNICATIONS: CITY MANAGER’S REPORT: UNFINISHED BUSINESS: NEW BUSINESS: A. Wind Turbine Purchase and Installation. CITY MANAGER B. Neighborhood Stabilization Grant. COMMUNITY & NEIGHBORHOOD SERVICES 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. CITY COMMISSION MEETING February 10, 2009 TO: Honorable Mayor and City Commissioners FROM: Karen Scholle, Civil Service Personnel Director DATE: February 3, 2009 RE: 2008 Suggestion Award Winner SUMMARY OF REQUEST: The Employee Suggestion Award Committee requests that the 2008 Employee Suggestion Award go to Public Works Customer Service Representative Terees Williams for her proposal to initiate a fee for water turn-on and turn-off for vacant home sale inspections rather than continuing to perform this time consuming service on no cost basis. FINANCIAL IMPACT: This will save the City $50 per call while also bringing in income; the fee yet to be established. BUDGET ACTION REQUIRED: None. COMMITTEE RECOMMENDATION: The committee recommends honoring Public Works Customer Service Representative Terees Williams with the 2008 Employee Suggestion Award. (This is Terees’ second award. Terees continues to challenge herself by analyzing City practices in comparison to other organizations’ known practices and coming up with increased efficiency ideas for the City.) STAFF RECOMMENDATION: Staff supports the committee recommendation and requests approval of this award. Date: February 10, 2009 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, January 27th. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JANUARY 27, 2009 CITY COMMISSION CHAMBERS @ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, January 27, 2009. Mayor Warmington opened the meeting with a prayer from Vice Mayor 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 Steve Wisneski, Chris Carter, Clara Shepherd, Lawrence Spataro, and Sue Wierengo, City Manager Bryon Mazade, City Attorney John Schrier, and Deputy City Clerk Linda Potter. HONORS AND AWARDS: Mayor Warmington and the Commission congratulated Bob Burns on his retirement from The Muskegon Chronicle where he worked for 37 ½ years. Bob was recognized for his professionalism and wished the best in his future endeavors. 2009-06 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes for the January 12th Commission Worksession, and the January 13th Regular Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. Trust Fund Grant Agreement for Smith-Ryerson Park. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The City had received the Development Project Agreement from the State. The Mayor had signed the agreement and it was submitted to the State. The State has requested that we supply an updated resolution for the Smith-Ryerson Park Improvements approving the agreement and that the City guarantee the matching fund amount of $158,400 (27%) of the grant amount. FINANCIAL IMPACT: There is no impact for the 2009 budget year as this has already been budgeted. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution approving the Development Project Agreement for Smith-Ryerson Park Improvements and guarantee the matching funds, and to have the Mayor and Clerk sign the resolution. C. Ammunition Purchase. PUBLIC SAFETY SUMMARY OF REQUEST: The Director of Public Safety is requesting approval of the purchase of ammunition for the 2009 calendar year. The request includes both practice and duty ammunition. Two vendors replied to our bid requests: Michigan Police Equipment, 6521 Lansing Road, Charlotte, MI; and CMP Distributors, 6539 Westland Way, Lansing, MI. Based upon the bids that were received, CMP Distributors is being recommended. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: Provided for in 2009 budget. STAFF RECOMMENDATION: Approval of this request. D. Assessing Services Contract. FINANCE SUMMARY OF REQUEST: Since 1999 the City has contracted with the Muskegon County Equalization Department for property tax assessing services. Providing assessing services this manner avoids duplication of effort between the City and the County and is more efficient than staffing our own assessing department. For example, 1998 costs for supporting an in-house assessing operation were $326,414. Inflating this figure at a conservative 4.5% annual rate to account for employee wage and benefit growth results in an estimated 2009 cost for an in- house operation of $529,722. The 2009 base year cost of the contract with the County will be $459,300. The contract price is adjusted annually in accordance with year-over-year changes in the City’s tax base. The proposed contract term is three years with a two year extension possible; the previous contract was for ten years. Other changes from the existing contract mostly involve operational adjustments to better meet the needs of City offices that utilize assessing data. Also, the contract provides for the possibility that Equalization Department staff may be moved from City Hall to enhance efficiency. However, this change requires discussion and formal approval of the City Commission. FINANCIAL IMPACT: The base year cost of the contract is $459,300. BUDGET ACTION REQUIRED: None at this time. The contract cost is within budget expectations. STAFF RECOMMENDATION: Approval of the contract. E. New Cingular Wireless Amended Tower Lease Agreement. PUBLIC WORKS SUMMARY OF REQUEST: New Cingular Wireless PCS, LLC a Delaware Corporation and the Department of Public Works have been in negotiations to amend the 1998 lease agreement for the Nims Street and Marshall Street Water Towers. The lease shall be amended to increase the current monthly rent, for two sites, from $2,217 per month to $4,470 per month. The amended lease will terminate the wireless phones and phone service agreement (original value $1,170/month) previously provided to the City and will allow New Cingular Wireless to install on each Water Tower up to a total of six antennas. FINANCIAL IMPACT: Monthly rental will begin on March 1, 2009, at $4,470 per month to be escalated at the rate of 3% per year annually. Revenue generated from the rental of the Tower space shall be used to offset Water Tank Maintenance Projects and purchase Wireless Phones and service. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the Amended Lease Agreement and to authorize the Mayor and Clerk to sign. F. Request for Encroachment Agreement for 1788 Terrace Street, Rykes Bakery. ENGINEERING SUMMARY OF REQUEST: Rouwhorst Investments, LLC has submitted an encroachment agreement application requesting your permission to attach a 28’ 3” awning to the existing mansard roof which will extend over the public sidewalk. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the encroachment agreement for installing the awning as per the plan. G. Transportation Improvements Program Submittal for 2012-2013 Projects. ENGINEERING SUMMARY OF REQUEST: Authorize staff to submit the list of projects to the West Michigan Shoreline Regional Development Commission for inclusion in the FY 2012 – 2013 Transportation Improvement Program (TIP). Projects submitted will be considered for Federal and State transportation funding. Adoption of the 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: To approve the project submittal and resolution. Motion by Commissioner Carter, second by Commissioner Spataro to approve the Consent Agenda as read. ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES 2009-07 ITEM MOVED FROM NEW BUSINESS: H. Request for Encroachment Agreement for 746 W. Laketon Ave. - Wayne’s Deli. ENGINEERING SUMMARY OF REQUEST: The Bog’s Corporation (DBA Wayne’s Deli) has submitted an encroachment agreement application requesting your permission to replace two of the existing signs with one improved 5’ by 6’ sign which will extend over the public sidewalk along the north side of Laketon Avenue. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the encroachment agreement for replacing signs as per the plan, providing that they follow the supplemental conditions included in the agreement. Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the encroachment agreement for replacing the signs as per the plan for 746 W. Laketon Avenue, Wayne’s Deli. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter Nays: None MOTION PASSES 2009-08 UNFINISHED BUSINESS: A. Concurrence with the Housing Board of Appeals Notice and Order to Demolish 254 Amity Avenue. PUBLIC SAFETY SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structure located at 254 Amity, Area 11, is unsafe, substandard, a public nuisance and that it be demolished within 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. FINANCIAL IMPACT: CDBG Funds. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Carter to leave on the table until the second meeting in February to give Commissioner Carter further time to work with the proposed lender. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron Nays: None MOTION PASSES B. Request to Revoke the Obsolete Property Rehabilitation Exemption Certificate at 790 Terrace. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Promised Land Associates, 3355 Merriem Dr., Muskegon Heights, was issued an Obsolete Property Rehabilitation Exemption Certificate for the property located at 790 Terrace Street. The timeline to complete the rehabilitation was one year, giving them until June 14, 2006, to do so. However, a number of unforeseen problems occurred during this time, making the applicant unable to complete the rehabilitation. The applicant then requested a time extension in November, 2007, and was granted additional time to complete the rehabilitation. The new deadline to finish the rehabilitation was August 22, 2008. The case was brought back to Commission in November, 2008, and another extension was granted, giving the certificate holder until January, 2009, to show the ability to complete the project. Total capital investment for this project was stated to be $1,200,000 and was to include the addition of an elevator and an additional stairway, along with upgrades to the structural, mechanical, and electrical systems to meet current code requirements. To date, none of these projects have been completed. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To revoke the Obsolete Property Rehabilitation Certificate. Motion by Vice Mayor Gawron, second by Commissioner Carter to revoke the Obsolete Property Rehabilitation Exemption Certificate for 790 Terrace. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and Shepherd Nays: None MOTION PASSES NEW BUSINESS: A. Proposed Water Bond Refunding. FINANCE SUMMARY OF REQUEST: The bond rating on the City’s water system was recently upgraded by Standard & Poor’s from A- to AA-. This, combined with the current interest rate environment, affords us the opportunity to refund two currently outstanding water system debt issues and achieve significant interest savings. It is proposed that $5,815,000 of Series 1999 and $925,000 of Series 1993 bonds be refunded at this time. A recent analysis shows that these bonds can be refunded at today’s lower interest rates with present value savings to the City of $390,930. This equates to 5.80% of the outstanding principal, or $41,501 average annual savings over the remaining life of the bonds. A general rule of thumb is that PV savings should equal at least 2% of bond principal in order to proceed with a refunding. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the ordinance to initiate and authorize the proposed bond refunding. A second commission action (sales resolution) will be required to complete the transaction. If numbers change to the extent the refunding no longer makes economic sense, the plug can be pulled at that time. Motion by Commissioner Spataro, second by Commissioner Carter to approve the proposed water bond refunding by approving the ordinance to initiate and authorize the proposed bond refunding. ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro Nays: None MOTION PASSES B. Towing Contract. PUBLIC SAFETY SUMMARY OF REQUEST: Proposals have been accepted for the towing contract with the City. This contract will go into effect on February 1, 2009. Proposals were submitted by the following companies: 1. All Pro Towing and Recovery, 2930 E. Apple, Muskegon 49442 2. Baxter’s Towing and Storage, 5333 Airline, Muskegon 49444 3. Campbell’s Towing, 2462 South Getty, Muskegon Heights 49444 4. Central Towing, 710 Alberta, Muskegon 49441 5. Reliable Towing, 1288 Ninth Street, Muskegon 49440 Based upon the proposals that were submitted, approval of a contract with Campbell’s Towing, 2462 South Getty, is being recommended. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of this request. Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the towing contract with Campbell Towing, 2462 S. Getty. ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro Nays: Warmington MOTION PASSES C. Commercial Redevelopment Tax Abatement Districts Policy. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the Commercial Redevelopment Tax Abatement Districts Policy for the City of Muskegon. FINANCIAL IMPACT: Qualified commercial rehabilitation and redevelopment projects would be eligible for tax exemptions under Michigan Public Act 255 of 1978. The abatements would be available to restored, replacement and new facilities in designated areas in the city. Restored and replacement facilities would be able to freeze the property tax at its pre-rehabilitated value, effectively allowing the rehabilitation to be property tax free, with the exception of school operating taxes, for up to 12 years. New facilities would have their millages cut in half, except state education tax, and levied against the current taxable value of the building, for up to 12 years. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the Commercial Redevelopment Tax Abatement Districts Policy. Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve the Commercial Redevelopment Tax Abatement Districts Policy as described. ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nays: None MOTION PASSES D. Engineering Services Agreement with Sidock Group to Evaluate the Seawall at the Site Known as the Amoco Property. ENGINEERING SUMMARY OF REQUEST: Authorize staff to enter into an engineering services agreement with Sidock Group out of Muskegon to provide a comprehensive evaluation of the existing seawall as well as present alternatives on how to address the failure in a portion of the existing wall. The evaluation will take into account three main possibilities: 1. Removal of the entire seawall and replacement with rip rap. 2. Repairing/replacing the failed sections and reinforcement of the sections that did not fail. 3. A combination of the above alternatives. Sidock’s proposal was comprehensive and contained a good understanding at a reasonable fee of $7,200. The other two proposals were submitted by Prein & Newhof ($7,987) and Brechting ($3,135). Brechting’s proposal considers only repairing the existing seawall. FINANCIAL IMPACT: The engineering fee of $7,200 for the study/evaluation phase at this time. BUDGET ACTION REQUIRED: None, the cost is budgeted for. STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Wade Sidock Group. Motion by Vice Mayor Gawron, second by Commissioner Carter to authorize staff to enter into an agreement with Wade Sidock Group for the evaluation of the seawall at the site known as the Amoco Property. ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES E. Terminate the Arena Management Contract. CITY MANAGER SUMMARY OF REQUEST: To confirm the termination of the operations management contract with Arena Management Group (AMG). Notification of the termination has been sent to AMG, pursuant to the contract. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To affirm the termination of the operations management contract with AMG. Motion by Vice Mayor Gawron, second by Commissioner Spataro to affirm the termination of the operations management contract with AMG for the operation of the L. C. Walker Arena. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter Nays: None MOTION PASSES F. Arena and Concession Management Agreements. CITY MANAGER SUMMARY OF REQUEST: To enter into agreements with J. S. Hockey Enterprises, Inc. to manage the L. C. Walker Arena and to manage concession within the facility. FINANCIAL IMPACT: The agreements will operate under the same terms and conditions of the previous agreements. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the agreements and authorize the Mayor and Clerk to sign them. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the agreements and authorize the Mayor and Clerk to sign them regarding the J. S. Hockey Enterprises management of the L. C. Walker Arena and the concessions within the facility. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron Nays: None MOTION PASSES G. Assignment of Ground Lease – 1601 Beach Street. CITY MANAGER SUMMARY OF REQUEST: To approve the assignment and assumption of the ground lease at 1601 Beach Street from J. P. Lawrence, LLC to CJ’s on the Beach, LLC. FINANCIAL IMPACT: None, terms of the lease remain the same. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request and authorize the Mayor and Clerk to sign the appropriate documents. Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve the assignment and assumption of the ground lease at 1601 Beach Street from J. P. Lawrence, LLC to CJ’s on the Beach, LLC. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and Shepherd Nays: None MOTION PASSES I. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 1305 Jefferson Street – Garage (Area 10) 922 S. Getty Street 616 Catherine Avenue (Area 11) 355 W. Grand Avenue (Area 11) 267 Iona Avenue – Garage (Area 11) SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structures are unsafe, substandard, a public nuisance and that they be demolished within 30 days. It is further requested that administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: CDBG Funds. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Carter, second by Commissioner Spataro to concur with the Housing Board of Appeals notice and order to demolish, 1305 Jefferson Street garage, 922 S. Getty Street, 616 Catherine Avenue, 355 W. Grand Avenue, and 267 Iona Avenue garage. ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro Nays: None MOTION PASSES ANY OTHER BUSINESS: Various comments were made. ADJOURNMENT: The City Commission Meeting adjourned at 6:27 p.m. Respectfully submitted, Ann Marie Becker, MMC City Clerk Date: February 10, 2009 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Liquor License Request JS Hockey Enterprises, Inc. 470 W. Western SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from the City of Muskegon to drop Arena Concessions Group, LLC and Arena Management Group, LLC as Co-Licensees and add JS Hockey Enterprises, Inc. as Co-Licensee in the 2008 Class C Licensed Business with Dance-Entertainment Permit, 9 Bars, and Official Permit (food) located at L. C. Walker Arena, 470 W. Western Avenue. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All departments are recommending approval. Date: 02/10/09 To: Honorable Mayor and City Commission From: DPW RE: Equipment purchase SUMMARY OF REQUEST: Approval to purchase one concrete breaker. FINANCIAL IMPACT: $8,063.88 BUDGET ACTION REQUIRED: None. Cost will be made up from savings from other purchases. STAFF RECOMMENDATION: Approve purchase from BTI Breaker. Memorandum To: Honorable Mayor and City Commissioners From: DPW Date: 02/10/09 Re: Equipment Replacement The Equipment Division had scheduled for the replacement of our 1990 concrete breaker for 2010. This unit was recently sent in for a few repairs and we were told that the manufacturer no longer supports this model due to its age. The concrete breaker is used several times during a normal work week to open holes in the street to expose water main breaks, service leaks, and anything else that requires hard surface removal. In accordance with established purchasing policy, we are requesting permission to purchase one 750 # class concrete breaker from BTI Breaker. 1 Equipment Purchase - 2009 BTI Breaker Michigan Cat Cloverdale Equipment Doheny Supplies 30625 Solon 770 Caterpillar Ct. 11331 Cloverdale 777 Doheny Court Type of Purchase Solon, Ohio Grand Rapids Mi Oak Park Mi Northville, Mi 1 750# Concrete $8,063.88 $11,870.00 $9,800.00 $11,750.00 Breaker Date: February 10, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Acceptance of First, Second, Jefferson & Market Streets into the City’s Street System SUMMARY OF REQUEST: Adopt the attached resolution, including exhibits A & B, accepting First, Second, Jefferson & Market Streets into the City’s street system. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Adopt the attached resolution. COMMITTEE RECOMMENDATION: CITY OF MUSKEGON RESOLUTION NO._________ At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission Chambers on ____________________________, 2009 RECITALS THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES: 1. The City of Muskegon has a perpetual easement over certain streets known as Second, Jefferson & Market between Clay –Third – Morris & Terrace and ownership over First street from 123.65’ south of Western to Morris. 2. It is necessary to furnish certain information to the State of Michigan to place this street within the City’s Local Street System for the purpose of obtaining funds under Act 51, P.a. 1951, as amended. NOW, THEREFORE, BE IT RESOLVED: 1. That the legal descriptions of said streets are described as: See attached Exhibits A (easement agreement – Burdened and Easement Property) and & B 2. That said streets are located within a City’s right-of-way, are on City controlled Properties, and are under the control of the City of Muskegon. 3. That said streets are public streets and are for public street purposes. 4. That said streets are accepted into the City Local Street System. Resolution duly adopted. YEAS___________________________________________________________________________ _________________________________________________________________________ NAYS__________________________________________________________________ CITY OF MUSKEGON By_________________________ Ann Marie Becker, City Clerk STATE OF MICHIGAN COUNTY OF MUSKEGON I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the _____day of _____________, 20__, and that the minutes of the meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976. _________________________ Ann Marie Becker, City Clerk Date: February 10, 2009 To: Honorable Mayor and City Commissioners From: Engineering RE: Replacement of Compressors on the Chiller @ City Hall SUMMARY OF REQUEST: Authorization staff to enter into a $29,859 contract with Trane to replace the compressors for the chiller @ City Hall along with other necessary items as outlined in the attached proposal. Trane is being recommended since they are the soul source for the brand of chiller at City hall. FINANCIAL IMPACT: The cost of $29,859 includes labor, equipment and materials. BUDGET ACTION REQUIRED: None at this time. However, some budget modification might become necessary at the first quarter update in April/May since this project was budgeted at $28,000. STAFF RECOMMENDATION: Authorize staff to enter into a contract with Trane to replace the compressors along with other necessary work as outlined in the proposal of February 4, 2009. COMMITTEE RECOMMENDATION: Date: February 10, 2009 To: Honorable Mayor and City Commissioners From: DPW RE: Amend the Uniform Agreement with Arrow Uniform SUMMARY OF REQUEST: Authorize staff to amend the contract with Arrow Uniform to suspend the cleaning service they provide for the shop towels and mats for the period between February 11 and December 31 of 2009, and to extend their contract for the aforementioned services until the end of December 2012 instead of August of 2012. This amendment is necessary to accommodate a previous contract with Model Coverall. FINANCIAL IMPACT: Minimal, the shop towels and mats are just changing from Arrow Uniform to Model Coverall for most of 2009 to satisfy previous contract on the advice of City attorney. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Authorize amend the contract with Arrow Uniform. COMMITTEE RECOMMENDATION: AGENDA ITEM NO. ______________ CITY COMMISSION MEETING ____________________ TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: January 29, 2009 RE: Wind Turbine Purchase and Installation SUMMARY OF REQUEST: To approve a letter of intent with the Community Foundation for Muskegon County to place two (2) SWIFT wind turbines on City facilities. FINANCIAL IMPACT: The City’s cost is estimated to be $1,500 - $4,000 per wind turbine for installation. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To authorize the City Manager to execute the letter of intent. COMMITTEE RECOMMENDATION: None. pb\AGENDA\WIND TURBINE PURCHASE & INSTALLATION 012909
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