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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 9, 2008
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
2008-78 HONORS AND AWARDS:
A. West Michigan Trails & Greenways Coaiition.
2008-79 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Request for CSTS Inc., 2185 Henry. CITY CLERK
C. Selection of Vinyl Siding Supplier for Fiscal Year 2008-2009.
COMMUNITY & NEIGHBORHOOD SERVICES
D. Selection of Vinyl Siding Installer for Fiscal Year 2008-2009.
COMMUNITY & NEIGHBORHOOD SERVICES
2008-80 ITEM REMOVED FROM THE CONSENT AGENDA:
E. Water Service Agreement with the City of Muskegon Heights. CITY
MANAGER
2008-81 PUBLIC HEARINGS:
A. 2009 Budget. FINANCE
2008-82 NEW BUSINESS:
A. Liquor License at 435 & 441 W. Western. CITY MANAGER
ADJOURNMENT: 6:02 p.m.
Fhawue Ghat Te. Hahava
WEST MICHIGAN TRAILS &
CREE NeeYS:COAL!TION
Honorary
Amtiassador
Page | of |
Becker, Ann
From: Al-Shatel, Mohammed
Sent: Thursday, August 28, 2008 3:17 PM
To: Becker, Ann
Subject: FW: Check Presentation - Musketawa Trail
This is the email from the group that should be recognized at the next commission meeting.
From: Executive Director [mailto:westmichigantrails@gmail.com]
Sent: Thursday, August 28, 2008 11:27 AM
To: Al-Shatel, Mohammed
Ce: CarolynKane; Dennis Kneibel; Jeff Mitchell; Jonathan Nagel; Phil VanNoord; Stephen Potter; Tom Anderson;
Tom Anderson-Alt
Subject: Check Presentation - Musketawa Trail
good morning, Mohammed;
It was nice talking with you this morning, and I appreciate your suggestion regarding our presentation of
the monies for the Musketawa Trail Connector Project.
As requested, here are some ideas to use: Thank the West Michigan Trails & Greenways Coalition for
their contributions of money, time, and as facilitator, guide, and agent for the Musketawa Trail
Connector Project through the process of helping to secure funding. Thank the Wege Foundation for
their vision for trails & green spaces, and for their partnership in providing these funds through the West
Michigan Trails & Greenways Coalition. Comment on what this money means to the Project.
Mohammed, I think this will be very sufficient for us, and you can add whatever else you wish.
I am copying our Board on this note, so they will be in the information loop. I definitely plan to attend
the meeting and present the check to you, and, hopefully, some of our Board members' schedules will
allow them to attend as well.
Kindly send me the exact date, time, and place of the meeting, along with directions. I will look forward
to meeting you at that time.
Best regards,
Sharon
Sharon R. Nunnelee
Executive Director
West Michigan Trails & Greenways Coalition
4658 West River Drive
Comstock Park, MI 49321
616-485-7805 (cell)
9/2/2008
Date: September 9, 2008
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, August 26”.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
Date: September 9, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Liquor License Request
CSTS Inc.
2185 Henry
SUMMARY OF REQUEST: The Liquor Contro! Commission is seeking
local recommendation on a request from CSTS, Inc. for a new Additional
Bar Permit (for a total of two bars) and a new Dance Permit to be held in
conjunction with the 2008 Class C and SDM Licensed Business with
Entertainment Permit and Outdoor Service (one area), located at 2185
Henry.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
CC USE ONLY
Michigan Department of Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) FOR MLCC USE ONLY
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505 Request ID # 474697
_
Business ID# 137529
LOCAL APPROVAL NOTICE
{Authorized by MCL 436.1501]
August 4, 2008
TO: Muskegon City Commission
933 Terrace Street
PO Box 536
Muskegon MI 49443-0536
APPLICANT: CSTS, INC.
Home Address and Telephone No. or Contact Address and Telephone No.:
Contact: Charles A. Slater H (231) 773-0580 B (231) 759-0046
The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Control Code of 1998. For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.
For your convenience a resolution form is enclosed that includes a description of the licensing
application requiring consideration of the local legislative body. The clerk should complete the
resolution certifying that your decision of approval or disapproval of the application was made at an
official meeting. Please return the completed resolution to the MLCC as soon as possible.
if you have any questions, please contact the On-Premises Section of the Licensing Division as
(517) 364-4634,
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
Request ID # 474697
2008-79(B)
RESOLUTION
Ata Regular meeting of the __- City_ Commission
(Regular or Special) (Township Board, City or Village Council)
to order
called by_Mayor Warmington on_September 9, 2008, 5:30 PM.
The following resolution was offered:
Moved by Commissioner Carter and supported by Vice Mayor Gawron
That the request from CSTS, INC. for a new Dance Permit to be held in conjunction with 2008 Class C licensed
business with Entertainment Permit, located at 2185 Henry, Muskegon MI 49441, Muskegon County, and a
new Additional Bar Permit.
be considered for Approval
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: e) Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
(Recommended or Not Recommended)
State of Michigan )
County of Muskegon )
| hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the_ City Commission ata Regular
(Township Board, City or Village Council) (Regular or Special)
meeting heldon_September 9, 2008. fe
(Date) ; nh )
yh / y) oe Mon
(Signed) Win Dan's Este lon
(Township, City or Village Clerk)
SEAL Ann Marie Becker, MMC, City Clerk
Terrace, Muskegon, MI 49440
(Mailing address of Township, City or Village)
UC-1305 (Rev. 08/2006) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1501 national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penalty: No License
Michigan vepartment of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) SO
7150 Harris Drive, P.O. Box 30005 Request ID# 474697
Lansing, Michigan 48909-7505
Business ID # 137529
OMMENDATION
LAW ENFORCEMENT REC5(2)(d) 2-12 0K Fh
and R 436.1403]
[Authorized by MCL 436.1916, R 436.110
June 13, 2008
TO: MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, MI 49443-0536
A NEW ADDITIONAL BAR PERM 2008 CLASS C
IT (FOR A TOTAL OF 2 BARS)CE, (1ONAREA)
Re: CSTS, INC. REQUESTING ENTERTAINMENT PERMIT AND OUTD OOR SERVI , LOCATED
AND SDM LICENSED BUSINESS, WITH
GAN, 49441, MUSKEGON COUNTY 4M 4 Atecu Dance PLen iT,
AT 2185 HENRY, MUSKEGON MICHI
3-0580)
CONTACT: CHARLES A SLATER 4679 WHITE ROAD, MUSKEGON MI, 49442 (B.P. 231-759-0046 H.P. 231-77
We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this
request should be directed to the MLCC Licensing Division at (517) 322-1400.
C OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
Weekdays A.M. to AM/P.M.
Sundays A.M. to
| Recommended CJ Recommended, subject to final inspection | Not Recommended
NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
onal space is needed please use reverse side of this form.
must complete the box below. If additi
LC] OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
Weekdays A.M. to A.M/P.M.
Sundays A.M. to
im Recommended L] Recommended, subject to final inspection C] Not Recommended
4
PERMIT
x Recommended im Recommended, subject to final inspection | Not Recommended
im ENTERTAINMENT PERMIT
im Recommended CL] Recommended, subject to final inspection LC] Not Recommended
Law Enforcement Recommendation (tont'd)
Page 2
June 13, 2008
[-] TOPLESS ACTIVITY PERMIT
CJ Recommended C] Recommended, subject to final inspection | Not Recommended
[_] OUTDOOR SERVICE
| Recommended im Recommended, subject to final inspection im Not Recommended
L] PARTICIPATION PERMIT
im Recommended | Recommended, subject to final inspection | Not Recommended
| DX] ADDITIONAL BAR PERMITS (FOR A TOTAL OF 2 BARS)
DX[ Recommended im Recommended, subject to final inspection | Not Recommended
[] OTHER
im Recommended CL] Recommended, subject to final inspection im Not Recommended
Signed:
KA. e&.! <2 G2 po ar
Signdtre and Title
Muskegon Police Department
Proce C. (KER ERLOEN
Print Name and Title ($e ACen GF TEAL Qenircey
Date: 2 “23-087
jr
The Deparment of Labor & Economic Growlh will not discriminate against any individual or group because of race, sex, religion, age,
national origin, color, marital stalus, disability, or political beliefs. if you need help with reading, writing, hearing, etc., under the Americans
LC-1636 (Rev. 08/2006)
Authorily: MCL 436.1916, R 436.1105(2)(d) and
436.1403 with Disabililies Act, you may make your needs known to this agency
Completion: Mandatory
Penally: No License and/or Permit
Affirmative Action MUSKEGON
il
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
West Michigan’s Shoreline City
City Manager
www.shorelinecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
Clerk
(231)724-6705
FAX (231)724-4178 July 30, 2008
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501
Engineering Liquor Control Commission
(231)724-6707 7150 Harris
FAX (231)727-6904
PO Box 30005
Finance
Lansing, MI 48909-7505
(231)724-6713
FAX (231)724-6768
Fire Department
REF: Req ID #474697
(231)724-6792 CSTS, Inc.
FAX (231)724-6985
2185 Henry
Income Tax
Muskegon, MI 49441
(231)724-6770
FAX (231)724-6768
Info. Technology
To Whom It May Concern:
(231)724-4126
Enclosed is Form LC-1636 for CSTS, Inc. This was recommended for approval
FAX (231)722-4301
Inspection Services by the City of Muskegon Director of Public Safety.
(231)724-6715
FAX (231)728-4371
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Leisure Services
(231)724-6704
FAX (231)724-1196
Sincerely,
U.S. Postal Service
eset CERTIFIED MAIL, RECEIPT Ley
Mayor's Office
Lanbo Qa
: fh
(231)724-6701
FAX (231)722-1214
2 (Domestic Mail Only; No Insurance CoverageUspsProv ide
oP For delivery information visit our website at www. .coms
oP OFFICIAL.U SE=
Planning/Zoning
(231)724-6702
rinda Potter
pees
FAX (231)724-6790
a " i / j JUL a]
Police Department
enc. ° Sender: Pleasé¢ a
(231)724-6750
FAX (231)722-5140
5 Vi ened \
Public Works
(231)724-4100
FAX (231)722-4188
CITY OF © otitis Se
933 TERE S Gemerentteatiod)
7
Treasurer
Fees | $
SKEC TI total Post&age —_——
(231)724-6720
FAX (231)724-6768
Water Billing a
(231)724-6718 ~
FAX (231)724-6768
Water Filtration
Gee Reverse for Ir
tilalt PS Form 3800, June 2002
=
(231)724-4106
eee
FAX (231)755-5290 City of Muskegon, 9 PUD
(231)724-6703
FAX (231)722-12t4
Assessor
(231)724-6708 ’
EAX (231)726-5181
Cemetery
(231)724-6783 4 ia
BAX (231)726-5617 ae
. West Michigan’s3 Shoreline City
City Manager
(231)724-6724 www.shorelinecity.com
PAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
Clerk
(231)724-6705
FAX (231)724-4178 September 11, 2008
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 .
Liquor Control Commission
Caras 6407 7150 Harris
FAX (231£)727-6904 PO Box 30005
Finance Lansing, MI 48909-7505
(231)724-6713
FAX (231)724-6768
REF: Req ID #474697
Fire Department
(231)724-6792 CSTS, Inc.
PAX (231)724-6985 2185 Henry
Income Tax Muskegon, MI 49441
(231)724-6770
FAX (231)724-6768
To Whom It May Concern:
Info. Technology
(231)724-4126 . ;
FAX (231)722-4301 Enclosed is the resolution for CTST, Inc. This was recommended for approval by
Inspection Services the City Commission at their September 9, 2008, City Commission Meeting.
(231)724-6715
FAX (231)728-4371 . . .
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Leisure Services
(231)724-6704 .
PAX (231)724-1196 Sincerely,
Mayor's Office Yy .
(231)724-6701
FAX (231)722-1214
Planning/Zoning i Potter
(23197246102 Linda
FAX (231)724-6790 Deputy Clerk
Police Department
(231)724-6750 enc.
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
(231)724-4106
FAX (231)755-5290
http://www.shorelinecity.com
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LIQUOR LICENSE REVIEW FORM
Business Name: 0 STS, Tne.
AKA Business Name (if applicable):
Operator/Manager’s Name: Charles 4. Slater
Business Address: Vinaw Meare
ZLLus Ageoh LAL IIGIL
Reason for Review:
New License OJ Transfer of Ownership O Dance Permit iy
Drop/Add Name on License 1] Transfer Location O
Drop/Add Stockholder Name 0: New Entertainment Permit CJ
Other
Deadline for receipt of all information:
Approved C] Denied] No Action Needed 1
Income Tax Approved C] Owing 0 Amount:
Treasurer Approved C) Owing UO Amount:
Zoning Approved (] Denied] Pending ZBA C1
~ Clerk’s Approved LC] Owing Amount:
‘Fire/Inspections ApprovedL] Denied(] Remaining Defects L]
Department Signature
Please return to the City Clerk’s Office
LIQUOR LICENSE REVIEW FORM
Business Name: C S 7S, Ln x.
AKA Business Name (if applicable):
Operator/Manager’s Name: Charles 4. S/a Per
Business Address: fl § S Henry
Zu hepon ZU) ¢9th)
Reason for Review:
New License OJ Transfer of Ownership O Dance Permit ly
Drop/Add Name on License C] Transfer Location 1
Drop/Add Stockholder Name (] New Entertainment Permit C1
Other
Deadline for receipt of all information:
Public Safety Approved CL] Denied 1] —_No Action Needed LJ
“Income Tax — Approved a Owing(] = Amount:
Treasurer Approved Owing [J Amount:
Zoning Approved C] Denied J] ~— Pending ZBA LJ
Clerk’s Approved CL] Owing O Amount:
Fire/Inspections Approved CL] Denied 1] Remaining Defects
Department Signature Corvays
Please return to the City Clerk’s Office
LIQUOR LICENSE REVIEW FORM
Business Name: CS TS. {Ae.
AKA Business Name (if applicable):
Operator/Manager’s Name: Charles A. Slater
Business Address: S/ § so Meare
Hus keg on, ZA) ___Y999)
Reason for Review:
New License CJ Transfer of Ownership [] Dance Permit iy
Drop/Add Name on License C] Transfer Location CL
Drop/Add Stockholder Name C] New Entertainment Permit C1
Other
Deadline for receipt of all information:
Public Safety Approved CL] Denied] _No Action Needed CL)
Income Tax Approved CL] Owing FJ Amount:
Treasurer Approved C] Owing 1) Amount:
“Zoning — Approved {7 Denied] _— Pending ZBA CL]
Clerk’s ApprovedL] Owing] Amount:
Fire/Inspections Approved L] Denied] Remaining Defects LJ
Department Signature, ee mee
Please return to the City Clerk’s Office
LIQUOR LICENSE REVIEW FORM
Business Name: C ST Ss Ly an
AKA Business Name (if applicable):
Operator/Manager’s Name:__ CAar/es A. S/ater
Business Address: ALES Henry
ZHlus hegon Zl) ¢944)
Reason for Review:
New License LJ Transfer of Ownership 1 Dance Permit jy
/
Drop/Add Name on License (] Transfer Location LJ
Drop/Add Stockholder Name LC] New Entertainment Permit LJ
Other
Deadline for receipt of all information:
Public Safety Approved CL] Denied] —_—No Action Needed CL]
Income Tax Approved C] Owing 0 Amount:
Treasurer Approved(] OwingQ = Amount:
Zoning Approved (] Denied CL] Pending ZBA L]
Clerk’s ApprovedL] Owingl) Amount:
\ Fire/Inspections Approved ai Denied 0) Remaining Defects LD]
Department Signature” (“7 7 fe
Please return to the City Clerk's Office Dy
LIQUOR LICENSE REVIEW FORM
Business Name: fi S 7S, Ln a
AKA Business Name (if applicable):
Operator/Manager’s Name: Charles Z. Slater
Business Address: ol] ES Henry
Zlus began 2) goth)
Reason for Review:
Ly
New License CL Transfer of Ownership O Dance Permit Mw
Drop/Add Name on License C] Transfer Location L]
Drop/Add Stockholder Name C1] New Entertainment Permit L]
Other
Deadline for receipt of all information:
Public Safety Approved (] Denied 1] No Action Needed L]
Income Tax Approved CL] Owing 0 Amount:
Treasurer Approved C] Owing 0 Amount:
Zoning Approved L] Denied Pending ZBA L]
Clerk’s ApprovedL] Owingl] Amount:
Fire/Inspections Approved or Denied ~—Remaining Defects O)
Department Signature LEYS
Please return to the City Clerk’s Office
ss MUSKEGON
(231)724-6703
FAX (231)722-1214
Assessor
{231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
West Michigan’s Shoreline City
on en www.shorelinecity.com
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405 September 4, 2008
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh. Mr. Harold Kiel, President
(231)724-6717 Campbell Field Neighborhood Assoc.
FAX (231)726-250 2111 Dowd
Engineering Muskegon, MI 49441
(231)724-6707
FAX (231)727-6904
; Dear Mr. Kiel:
Finance
(231)724-6713
FAX (231)724-6768 We have received a letter from the Liquor Control Commission reference a
Fire Department request from CSTS, Inc., 2185 Henry, (Pop-A-Top) for an Additional Bar Permit
Cee 31124-6985 and a new Dance Permit. On Tuesday, September 9, 2008, the City Commission
lncome Tax will review this request and determine whether or not it should be recommended
(231)724-6770 for approval.
FAX (231)724-6768
Info. Technology You are being sent this notice because the City Commission would like to know
(231)724-4126
FAX (231)722-4301
how the Neighborhood Association feels and would appreciate any comments that
they may have. You may send these comments to 933 Terrace, Muskegon, MI
Inspection Services
Q31yT24.6715 49440 or attend the City Commission Meeting on September 9, 2008, at 5:30 p.m.
FAX (231)728-4371 in the Commission Chambers.
Leisure Services
(231)724-6704 If you have any questions, please feel free to contact me at 724-6705.
FAX (231)724-1196
‘
Sincerely,
Mayor’s Office
(231)724-6701
FAX (231)722-1214 . Poth.
Planning/Zoning
(231)724-6702
ainda
FAX (231)724-6790 :
Linda Potter
Police Department Deputy Clerk
(2319724-6750
FAX (231)722-5 140
Public Works
(231)724-4 100
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-67 18
FAX (231)724-6768
Water Filtration
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
(231)724-4106
FAX (231)755-5290
http://www.shorelinecity.com
Affirmative Action
(231)724-6703
MUSKEGON
FAX (231)722-1214
Assessor
(231)724-6708 )
FAX (231)726-5(81
ci
Cemetery
(231)724-6783 id :
FAX (231)726-5617 re
West Michigan’s Shoreline City
0ity yorena www.shorelinecity.com
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405 September 4, 2008
Clerk
(231)724-6705
FAX (231)724-4178
comm.& Neigh. Mr. Charles Slater
(231)724-6717 4670 White Road
FAX (231)726-2501 Muskegon, MI 49442
Engineering
(231)724-6707
FAX (231)727-6904 Dear Mr. Slater:
Finance . . . . . we
(231)724-6713 This letter is to inform you that your liquor license request for an additional bar
FAX (231)724-6768 permit and a new dance permit will be presented to the City Commission on
Fire Department September 9, 2008. This meeting begins at 5:30 p.m. and is located in the City
fax (31724-6985 Commission Chambers, 933 Terrace, Muskegon, ML
(031)724.6770 This request has also been sent to the Campbell Feild Neighborhood Association
FAX (231)724-6768 for their comments. It is Commission practice to let the Neighborhood
Info. Technology Association know of any liquor license requests that are located within their
Cex 31722-4301 boundaries. This allows for comments from the people who live there and not
just from the owners of the business’ who are located there.
Inspection Services
(231)724-6715
FAX (231)728-4371 Sincerely,
(231)724-6704 dnd. (AA
Leisure Services .
FAX (231)724-1196
Mayor's Office ;
(231)724-6701 Linda Potter
FAX (231)722-1214 Deputy Clerk
Planning/Zoning
(231)724-6702
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4 106
FAX (231)7595-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
jocearescannemenn a ]
3912
CSTS INC.
DBA POP-A-TOP TAVERN
we P/8l05~ 74-1394-724
2185 HENRY ST.
MUSKEGON, Mi! 49441
is Si
| A Ci ioot MuSkegan.
ORD!
I$ 45, CO
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ifs e ES TITE
Commission Meeting Date: September 9, 2008
Date: September 2, 2008
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
Re: Selection of Vinyl Siding Supplier for Fiscal Year
2008 — 2009
SUMMARY OF REQUEST: To approve the Community and Neighborhood
Services department’s selection of the Vinyl Siding Supplier for 2008 —
2009 fiscal year. After reviewing all bids, the department selected the bid
from Keene Lumber, located at 346 W. Laketon Avenue, Muskegon, MI, for
the price of $55.00 (fifty-five dollars) per building square for white and
$55.15 (fifty-five dollars and fifteen cents) per square for color.
The Community and Neighborhood Services department received 1
additional bid from:
Menards, 5487 Harvey Street, Muskegon $40.92 for white
$41.28 for color
The reason we chose Keene Lumber is because Menards does not keep
supplies in stock and will take three weeks to have siding come in and our
program requires immediate access to supplies. Also, Keene Lumber is
centrally located for our contractors considering the cost of gas and time.
FINANCIAL IMPACT: Funding will be disbursed from the 2008 — 2009
Community Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding
program was approved by the Commission during the 2008 - 2009
allocation period last April.
Commission Meeting Date: September 9, 2008
Date: September 2, 2008
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
Re: Selection of Vinyl Siding Installer for Fiscal Year
2008 — 2009
SUMMARY OF REQUEST: To approve the Community and Neighborhood
Services to sign a contract with Tucker Construction, 9121 Holton Road,
Holton, MI, to install vinyl siding at an agreed price of $65.00 (sixty-five
dollars) per building square for the Vinyl Siding program’s 2008 — 2009
fiscal year.
The Community and Neighborhood Services office received 6 bids total
from vinyl siding installers.
e Gawlik Construction, 5346 E. Sternberg, Fruitport $67.00
e Top Notch Construction, 261 Donald, Muskegon $67.00
e Lewis Johnson, 16076 Bonita, Grand Haven $70.00
e Murphy Bros., 2519 MacArthur, Muskegon $90.00
e Specialty builders, 4603 Apple Ave, Muskegon $75.00
FINANCIAL IMPACT: Funding will be disbursed from the 2008 — 2009
Community development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding
program was approved by the Commission during the 2008 — 2009
allocation period last April.
AGENDA ITEM NO.
CITY COMMISSION MEETING
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: September 2, 2008
RE: Water Service Agreement with the city of Muskegon Heights
SUMMARY OF REQUEST:
To amend the agreement with the City of Muskegon Heights for the operation of the Muskegon
Heights Water Filtration Plant only. The operation of the distribution system will be
discontinued.
FINANCIAL IMPACT:
The hourly rate will remain at $80.00 an hour.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached agreement and authorize the Mayor and clerk to sign it.
COMMITTEE RECOMMENDATION:
None.
PD\AGENDA ~ WTR SRVC AGRMNT Wi MUSK HTS 090208
LOP-POCe )
AGREEMENT BETWEEN
THE CITY OF MUSKEGON
AND THE CITY OF MUSKEGON HEIGHTS
FOR PROVIDING
NECESSARY SERVICES IN COMPLIANCE WITH THE
MICHIGAN SAFE DRINKING WATER ACT IN THE
OPERATION OF ITS WATER FILTRATION PLANT
THE AGREEMENT made this 25thayof_ August , 2008, between the City of
Muskegon, a Municipal Corporation, located at 933 Terrace Street, Muskegon, Michigan 49443-
0536 (hereinafter referred to as “Muskegon” and the City of Muskegon Heights, a Municipal
Corporation, located at 2724 Peck Street, Muskegon Heights, Michigan 49444 (hereinafter
referred to as “Muskegon Heights”).
Both Muskegon and Muskegon Heights are located within the County of Muskegon,
State of Michigan.
RECITALS
A. Muskegon Heights operates a water filtration plant through which it provides
water services to the residents of Muskegon Heights, Fruitport Township and Norton Shores.
B. Muskegon
g Heights
8 is currently y without a licensed operator
Pp of its water filtration
plant.
C. Muskegon and Muskegon Heights desire to enter into an agreement whereby
Muskegon will assist Muskegon Heights in providing the necessary services in compliance with
the requirements of the Michigan Safe Drinking Water Act (Act 399 P.A. 1976, as amended) in
the operation of its water filtration plant.
D. it is the intent of the parties to this Agreement to satisfy the “Operator in Charge”
requirement of the statute.
E. In consideration of the matters described above and of the mutual benefits set
forth in this Agreement, the parties agree as follows:
GENERAL PROVISIONS
Section 1. Assistance as Operator in Charge of the Muskegon Heights Water Filtration
Plant
Muskegon shall serve as the Operator in Charge of the Muskegon Heights Water
Filtration Plant. During the term of this Agreement, compliance with the Michigan Safe
Drinking Water Act (Act 399 P.A. 1976, as amended) shall be accomplished as detailed below.
C:\Documents and Settings\jstibitz\Local Settings\Temporary Intemet Files\Content IES\UFERILEZcity of muskegon 8-6-08.doc
Section 2. Services Provided by Muskegon
A. Assign and make available an F-1 Certified Muskegon employee to visit the
Muskegon Heights plant (MHP) on a daily basis, Monday through Friday (except for holidays as
designated by Muskegon). This individual will perform the following tasks at a minimum:
1. Spend a minimum of one (1) hour per day at the plant.
2. Develop, complete and endorse any and all required Michigan
Department of Environmental Quality (MDEQ) reports.
3. Review payroll reports if requested by Muskegon Heights.
4, Review and assign duties to staff if requested by Muskegon Heights.
Except when requested by MDEQ, the individual will assign tasks to meet
MDEQ requirements.
5. Meet with MHP staff on an as needed basis.
6. Represent MHP in meetings on an as needed or requested basis.
7. The individual or his/her designee will be available on a 24/7 basis.
Section 3. Muskegon Heights Responsibilities
A. Designate one (1) individual at the Plant to fill the foreman position through
which Muskegon representative will disseminate information and tasks,
Section 4. Relationship Between the Parties
Muskegon shall perform and provide services under this Agreement as an independent
contractor and the individual or individuals designated under Section 2 above shall remain for all
purposes employees of Muskegon. Muskegon understands that it will remain responsible for any
and all wages and benefits due said employee. That employee shall not be entitled to any
benefits from Muskegon Heights, including, but not limited to vacation leave, sick leave, health
insurance, disability insurance, unemployment insurance, and workers’ compensation benefits.
Section 5. Assignment
Muskegon shall not assign any of its rights nor transfer any of its obligations under this
Agreement without the prior written consent of Muskegon Heights and any attempt to so assign
or so transfer without such consent shall be void and without legal effect and shall constitute
grounds for termination.
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Section 6. Severability
If any one or more of the provisions contained herein shall for any reason be held to be
invalid, illegal or unenforceable in any respect, then such provision or provisions shall be
deemed severable from the remaining provisions hereof, and such invalidity, illegality or
unenforceability shall not affect any other provision hereof, and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
Section 7. Entire Agreement and Amendment
In conjunction with the matters considered herein, this Agreement contains the entire
understanding and agreement of the parties and there have been no promises, representations,
agreements, warranties or undertakings by any of the parties, either oral or written, of any
character or nature hereafter binding except as set forth herein. This Agreement may be altered,
amended or modified only by an instrument in writing, executed by the parties to this Agreement
and by no other means. Each party waives their future right to claim, contest or assert that this
Agreement was modified, canceled, superceded or changed by any oral agreements, course of
conduct waiver or estoppel.
Section 8. No Third-Party Beneficiary
No person dealing with Muskegon Heights or Muskegon shall be, nor shall any of them
be deemed to. be, third-party beneficiaries of this Agreement. This Agreement is not intended to,
nor shall it be interpreted to create a special relationship between Muskegon Heights or
Muskegon and any staff, visitors, residents, or other individuals who may have business through
Muskegon Heights.
Section 9, Terms and Conditions
The terms and conditions used in this Agreement shall be given their common and
ordinary definition and will not be construed against either party.
Section 10. Execution of Counterparts
This Agreement may be executed in any number of counterparts and each such
counterparts shail for all purposes be deemed to be an original; and all such counterparts, or as
many of them as the parties shall preserve undestroyed, shall together constitute one and the
same instrument.
Section 11. Authority
All parties to this Agreement warrant and represent that they have the power and
authority to enter into this Agreement in the names, titles and capacities herein stated and on
behalf of any entities, person, or firms represented or purported to be represented by such
entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any
State and/or Federal law in order to enter into this Agreement have been fully complied with.
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Furthermore, by entering into this Agreement, Muskegon hereby warrants that it shall not have
breached the terms or conditions of any contract or agreement to which Muskegon is obligated,
which breach would have a material effect there on.
Section 12. Term
This Agreement shall continue until terminated by thirty (30) days written notice from
either party to the non-terminating party.
Section 13. Compensation
Services provided by Muskegon to Muskegon Heights shall be billed on the basis of
Eighty and 00/100 ($80.00) Dollars per hour. This will include travel costs within the corporate
limits of Muskegon Heights and/or its filtration plant located in the corporate limits of Norton
Shores. If additional travel outside the corporate limits of Muskegon Heights or Norton Shores
is necessary to meet MDEQ requirements and/or is requested by Muskegon Heights, mileage
will be billed at the prevailing IRS rate.
Muskegon shall bill Muskegon Heights on a monthly basis. Muskegon Heights shall pay
the invoice within fifteen (15) days of receipt.
In Witness Whereof the parties have executed this Agreement in their respective cities.
CITY OF MUSKEGON HEIGHTS
Dated: , 2008 beDed PE
Darrell L. Paige, ItsAVlayor
Dated: , 2008
Sharon Gibbs, Its Clerk
CITY OF MUSKEGO
Dated: 7 /2 _, 2008 BYE Se :
Stev fenton, Its Mayor
Dated: G2 ZZ 2008
Ann Marie Becker, Its Clerk
C:\Documents and Settings\jstibitz\Local Settings\Temporary Internet Files\Content.IES\UFERILEZ\city of muskegon 8-6-08.doc
Date: September 9, 2008
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: 2009 Budget Adoption
SUMMARY OF REQUEST: This is the time set for a public hearing on the City’s
proposed budget for the year 2009. The proposed budget has been made available
for public inspection at City Hall, Hackley Public Library and the City’s website
(www.shorelinecity.com). After hearing public comments, the City Commission may
take action to adopt the 2009 budget with whatever changes or adjustments it deems
necessary. In any event, City Charter requires the budget be adopted no later than
September 25, 2008.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2009. As proposed, the budget includes no property tax
increase.
BUDGET ACTION REQUIRED: Adoption of the attached budget resolution provides
the legal appropriation authority necessary for City departments to conduct
operations in 2009.
STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2009 City of Muskegon Budget resolution that is attached.
Also, approval of the 3° Quarter 2008 Budget Reforecast as shown in the Budget
Book is recommended at this time.
COMMITTEE RECOMMENDATION: The Commission will review the budget at their
September 8" Worksession.
2008-81(a)
CITY OF MUSKEGON
RESOLUTION OF APPROPRIATION
2009 BUDGET
WHEREAS, the City Manager has submitted a proposed Budget for 2009 in accordance
with the City Charter and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and
Accounting Act"; and,
WHEREAS, the 2009 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE !T RESOLVED
that the Budget for the City of Muskegon for the fiscal year beginning January 1, 2009 is hereby
determined and adopted as follows:
GENERAL FUND
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
101-10101 City Commission 86,281
101-10102 City Promotions & Public Relations 11,350
101-10145 City Attorney 442,508
101-10172 City Manager 338,912
101-10875 Contributions to Outside Agencies 201,875
101-10891 Contingency and Bad Debt Expense 400,000
4101-20215 City Clerk & Elections 315,574
4101-20220 Civil Service 193,711
101-20228 Affirmative Action 85,690
101-20744 Julia Hackley Internships 1,948
1014-30202 Finance Administration 466,415
101-30205 Income Tax Administration 409,888
101-30209 Assessing Services 465,665
1041-30805 Arena Administration 235,000
101-30248 Information Systems Administration 383,978
4101-30253 City Treasurer 410,842
101-30851 Insurance Premiums 403,737
101-30906 Debt Retirement 267,345
101-30999 Transfers to Other Funds 838,046
101-40301 Police 8,803,476
4101-50336 Fire 3,647,368
1041-50387 Fire Safety Inspections 1,083,007
101-60265 City Hall Maintenance 289,184
101-60446 Community Event Support 31,100
101-60448 Streetlighting 635,000
101-60523 Sanitation 1,702,900
101-60528 Recycling 166,368
101-60550 Stormwater Management 17,786
101-60770 Senior Citizen Transit 66,391
101-70276 Cemeteries Maintenance 532,441
101-70585 Parking Operations 4,979
101-70751 Parks Maintenance 1,397,719
101-70357 Graffiti Removal 4,861
4101-70757 McGraft Park Maintenance 53,943
1041-70775 General Recreation 315,358
101-70863 Farmers’ Market and Flea Market 49,450
101-80387 Environmental Services 410,094
101-80400 Planning, Zoning and Economic Development 542,827
101-90000 Major Capital Improvements 193,000
Grand Total General Fund Appropriations $25,906,017
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 4,341,404
203 Local Streets 2,111,265
264 Criminal Forfeitures 45,155
260 Farmers’ Market Improvement 45,000
285 Tree Replacement 3,900
BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of
prior year balances) for Fiscal Year 2009 are estimated as follows:
GENERAL FUND
FUND/ACTIVITY NAME AMOUNT
Taxes $ 15,525,259
Licenses and Permits 1,030,000
Federal Grants 16,602
State Grants 28,000
State Shared Revenue 4,552,462
Charges for Sales & Services 2,418,132
Interest & Rentals 469,800
Fines & Fees 577,000
Other Revenue 416,619
Other Financing Sources 95,000
Use of Fund Balance 777,143
Tota! General Fund Revenue
Appropriations $25,906,047
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT.
202,204 Major Streets and State Trunklines 4,341,401
203 Local Streets 2,111,265
264 Criminal Forfeitures 15,155
260 Farmers’ Market Improvement 45,000
285 Tree Replacement 3,900
BE IT FURTHER RESOLVED that the operating expense projections for the following non-
budget funds are hereby approved:
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
305 TIFA Debt Service $50,000
394 Downtown Development Authority Debt 340,472
290 Local Finance Development Authority Debt 280,747
295 Brownfield Redevelopment Authority 175,000
402 Arena Improvement Fund 25,000
403 Sidewalk Improvement Fund 298,685
404 Public Improvement Fund 1,504,524
482 State Grants Fund 1,027,000
590 Sewer 5,135,194
591 Water 8,195,807
594 Marina/Launch Ramp 234,376
661 Equipment 3,266,046
642 Public Service Building 603,198
643 Engineering Services Fund 698,743
677 General Insurance Fund 4,821,681
BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several
amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act", define the
City of Muskegon's appropriation centers, and
BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and
BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each
dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all taxable
real and personal property in the City of Muskegon as set forth in the assessment roll dated May
2008:
PURPOSE MILLAGE (MILLS)
General Operating 8.5000
Sanitation Service 2.5000
Promotion 0682
Total 11.0682
At a meeting of the City Commission of the City of Muskegon, on the gth Day
of September 2008, the foregoing resolution was moved for adoption by Commissioner
Spataro . Commissioner Gawron supported the motion.
Resolution declared adopted.
RO
City Clerk
SN
AGENDA ITEM NO.
CITY COMMISSION MEETING
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: September 3, 2008
RE: Liquor License at 435 & 441 W. Western
SUMMARY OF REQUEST:
To rescind the action to request the Liquor Control Commission to revoke the Class C liquor
license for D & L of Michigan (Spotlight) at 435 and 441 W. Western Avenue. This action would
make it possible that this license could remain in the City.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the request.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA -— LIQ LIC 435-441 W WSTRN SPOTLIGHT 090308
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