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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 BIB} UBLUIROG S0SL-6068r IW 3 SOO0E *! me ag a Ba a 3. WOTSSTUTUO abrysog ag jdjgoeyy Uno! 868.1 9 eBulsog 110], Seq AIBAi9g BAIOUISAL (paynbey juewasiopug) bela “abe “AID (pagnbay wswes:opug) ay ues. aag pewiean}a‘\ The@ OhE? hHOOO GOTO 4oO02 The? OhEP hOOO OOTO Fooe 9€SO-EPPor TIN ‘UoSoysny| g 9¢5 0g ‘Od PAHS SoVLa] Cf6 SOLO SHED ALD (id = MY uoSaysnl JO AUD jigIS iN 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 N lle eotty foflicke Ke Ktve + 2X0 Dottars &@ Se" RUT commyntry SHOR i Anan 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. CADocuments and Settings\jstibitz\Local Settings\Temporary Internet Files\Content.JES\UFERILEZ\city of muskegon 8-6-08.doc 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. CADocuments and Settings\jstibitz\Local Settings\Temporary Internet Files\Content.IES\UFERILEZ\city of muskegon 8-6-08.doc 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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