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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 22, 2009
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. North Passage Roof Replacement. WATER FILTRATION
C. Amendment to the Zoning Ordinance – Wind Turbines. PLANNING &
ECONOMIC DEVELOPMENT
D. Amendment to the Zoning Ordinance – Wind Turbine Facilities.
PLANNING & ECONOMIC DEVELOPMENT
E. Amendment to the Zoning Ordinance – Definitions. PLANNING &
ECONOMIC DEVELOPMENT
F. Termination and Release of Sewer Utility Easement at Betten Chevrolet.
PUBLIC WORKS
G. Request for an Access Agreement – Burgess Norton. PUBLIC WORKS
H. Selection of Installer for Pole Lighting at Clara Shepherd Park. LEISURE
SERVICES
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
A. 2010 Budget Adoption. FINANCE
NEW BUSINESS:
A. Pooled Health Care Coverage. COMMISSIONER SPATARO
B. Congress of Cities Voting Delegates. CITY CLERK
C. Recommendations for the Various Boards and Committees. CITY CLERK
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
Be recognized by the Chair.
Step forward to the microphone.
State name and address.
Limit of 3 minutes to address the Commission.
(Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
CLOSED SESSION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date: September 22, 2009
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the September 8th
Regular Commission Meeting, and the September 9th Commission
Worksession.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 8, 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, September
8, 2009.
Mayor Warmington opened the meeting with a prayer from Robert Kuhn,
Director of Public Works 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 Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steve
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker.
2009-74 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, August 25, 2009.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Use of L C Walker Arena Repair, Maintenance and Improvement Fund.
FINANCE
SUMMARY OF REQUEST: The Walker Arena management agreement provides
for a maintenance reserve funded through a $0.25 user fee on event tickets.
The agreement further specifies that the fund should be used for individual
repairs costing $5,000 or more. The arena manager is requesting a one-time
waiver of the $5,000 threshold to catch up with some significant deferred
maintenance items. These include:
• Roof repairs ($1,809.55)
• Alarm system repairs ($1,612.42)
• Sign repairs ($2,330.50)
These repairs total $5,752.47 but, individually, do not meet the $5,000 threshold.
Staff is recommending a one-time waiver of this provision to allow payment for
these repairs from the arena maintenance fund.
FINANCIAL IMPACT: $5,752.47 from the arena maintenance fund. This will leave
a balance in this fund of approximately $59,000.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval.
C. Selection of Vinyl Siding Supplier for Fiscal Year 2009 – 2010.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the Community and Neighborhood Services
department’s selection of the Vinyl Siding Supplier for 2009 – 2010 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 $49 per
building square for white and $51 per square for color.
The Community and Neighborhood Services department received three
additional bids from:
• ABC Supply Co $49.20 for white
123 W. Sherman Blvd., Muskegon Heights $51.00 for color
• Standale Lumber & Supply $52.50 for white
2971 Franklin Ave., Grandville $52.75 for color
• Weber Lumber Co. $52.75 for white
465 Ottawa, Muskegon $52.75 for color
The above documentation shows the closeness of all the bids; but, because of
the long-term relationship with Keene Lumber as well as them being located in
the City of Muskegon, CNS has selected Keene Lumber to be the 2009-2010
Vinyl Siding supplier for this fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2009-2010 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program was
approved by the Commission during the 2009-2010 allocation period last April.
D. Selection of Vinyl Siding Installer for Fiscal Year 2009 – 2010.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
sign a contract with Tucker Construction, 9121 Holton Road, Holton, MI, and
Cutting Edge, 766 Chatterson Road, Muskegon, MI to install vinyl siding at an
agreed price of $55 per building square for the Vinyl Siding Program’s 2009-2010
fiscal year. Last year’s price was $65 per building square.
The Community and Neighborhood Services office received nine other bids from
vinyl siding installers:
• Kingdom Development, 209 E. Main St., Lowell $59
• KO Construction, 11489 Bailey, Ravenna $60
• Lewis Johnson, 16076 Bonita Ct., Grand Haven $64
• Gawlik Construction, 5346 E. Sternberg Rd., Fruitport $65
• Specialty Builders, 4392 Hall Rd., Muskegon $65
• Fredricks Co., 1940 Commerce St., Muskegon $65
• Beattie Brothers, 2786 Holton Whitehall Rd., Twin Lake $100
• JPM, 4554 W. River Rd., N. Muskegon $125
• Dreamscapes, 3250 Cline Rd., Muskegon NA
(Not on our bid form)
FINANCIAL IMPACT: Funding will be disbursed from the 2009-2010 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 2009-2010 allocation period last April.
E. Request for a Redevelopment Liquor License (formerly known as a DDA
Liquor License) – Shoreline Inn. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Shoreline Inn is applying for a Redevelopment On-
Premise Liquor License for the premises at 750 Terrace Point, which is located
within an area established by the City Commission as a redevelopment project
area pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws. The project
includes plans for a small bar in the parlor room of the hotel for the purpose of
making the hotel more attractive to customers and also for the placement of
mini-bars in the hotel rooms.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the liquor license request and the
resolution.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd.
Nays: None.
MOTION PASSES
2009-75 PUBLIC HEARINGS:
A. 2010 Budget. FINANCE
SUMMARY OF REQUEST: This is the time set for a public hearing on the City’s
proposed budget for the year 2010. 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 2010 budget with whatever changes
or adjustments it deems necessary. In any event, City Charter requires the
budget be adopted no later than September 25, 2009.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2010. As proposed, the budget includes no property
tax increase.
BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the
legal appropriation authority necessary for City departments to conduct
operations in 2010.
STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2010 City of Muskegon Budget resolution. Also,
approval of the 3rd Quarter 2009 Budget Reforecast as shown in the Budget
Book is recommended at this time.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Karen Kendra, 1430 Nelson Street; Brian
Clancy; Ed Garner, 37 E. Grand; Letter from Chamber of Commerce; Doris
Rucks, 348 Cross; and Tommie Watson, Jr., 1426 W. Summit.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro.
Nays: None.
MOTION PASSES
2009-76 NEW BUSINESS:
A. 75th Anniversary Celebration – Veterans Memorial Park. CITY
MANAGER
SUMMARY OF REQUEST: To request Michigan Department of Transportation
approval to close both arms of the Causeway to through traffic on November 8,
2009, from 10:00 a.m. to 4:00 p.m., during the Veterans Memorial Park 75th
Anniversary Celebration, on behalf of the celebration committee.
FINANCIAL IMPACT: Minimal, barricading will need to be provided.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request and authorize staff to pursue
the closing with the Michigan Department of Transportation.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request and authorize staff to pursue the closing with the Michigan
Department of Transportation.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Concerns reference the intersection of Jefferson and
Apple since the light has been turned to flashing. Annual Nims Neighborhood
Association picnic is Saturday, September 12th.
ADJOURNMENT: The City Commission Meeting adjourned at 6:07 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
City of Muskegon
City Commission Worksession
September 9, 2009
City Commission Chambers
5:30 PM
MINUTES
2009-77
Present: Commissioners Warmington, Carter, Wierengo, Wisneski, Gawron, Shepherd, and
Spataro.
Absent: None.
2010 Budget
Bryon Mazade, City Manager, presented the proposed 2010 budget. A lengthy discussion
ensued.
Adjournment
Motion by Commissioner Carter, seconded by Commissioner Shepherd to adjourn at 7:40
p.m.
MOTION PASSES
________________________
Ann Marie Becker, MMC
City Clerk
Date: September 22, 2009
To: Honorable Mayor and City Commission
From: Water Filtration
RE: North Passage Roof Replacement
SUMMARY OF REQUEST:
To approve staff to enter into agreement with Gale Roofing for the
replacement of the north passage roof at the Water Filtration Plant.
FINANCIAL IMPACT:
The cost of the roof replacement is $9270.00.
BUDGET ACTION REQUIRED:
None. This project is included in the 2009 budget.
STAFF RECOMMENDATION:
Staff recommends approval for staff to enter into agreement with Gale
Roofing for the replacement of the north passage roof at the Water
Filtration Plant.
MEMORANDUM
8/27/09
TO: R. KUHN, DIRECTOR
M. AL-SHATEL, DEPUTY DIRECTOR
FROM: R. VENEKLASEN, WATER FILTRATION
RE: NORTH PASSAGE ROOF REPLACEMENT
HISTORY
The roof over the passage between the north filters and the 1972 high service pump
house is in need of replacement. This is the original roof installed in 1972 so has
provided good service over the years.
BACKGROUND
The north passage roof has received coating of aluminized sealer material every year
but began to show signs of leaking last year. When staff applied a leak sealer to the
area they observed the roof deck was “spongy”; indicating the wooden deck was
deteriorating.
The replacement of this roof was included in the 2009 budget as a result of these
findings.
SPECIFICATIONS & BIDDING
The replacement of this roof was specified to remove the modified bitumen material and
insulation to enable replacement of any rotted wooden decking. The roof membrane
was specified to be a Firestone EPDM (rubber) roofing material to match the other roofs
at the Plant and also the remote sites. A copy of the specifications is included.
Invitations for bids were sent to five roofing contractors that had performed work for the
City in the past; East Muskegon Roofing & Sheet Metal, Free Spirit Enterprises, Inc.,
Fredricks Company, Inc., Gale Roofing Co., Inc., and West Michigan Roofing &
construction. Fredricks Company sent a reply indicating they did not install EPDM roofs.
West Michigan Roofing & Construction did not reply.
A pre-bid meeting was held at the Plant to allow potential bidders the opportunity to view
the roof and site. Bids were received from the three firms that attended the pre-bid
meeting. The Bids received are included and summarized as follows:
FIRM BID
East Muskegon Roofing & Sheet Metal $14,725.00
1665 Holton Road
Muskegon, MI 49442
Free Spirit Construction, Inc. $7,950.00
2200 Roberts Street
Muskegon, MI 49442
Gale Roofing Co., Inc. $9,270.00
PO Box 611
3006 Polk Road
Hart, MI 49420
BID REVIEW
Upon review of the information submitted by the apparent low bidder, Free Spirit
Construction, Inc. it was noted the bid was not for a Firestone membrane as specified.
Although the Carlisle product may be equivalent a comparison was not made as there
were other inconsistencies in the bid. The wood decking was submitted at a cost per
square foot by without an estimate of the area to be replaced. Similarly, the fascia board
was submitted at a cost per lineal foot without an estimated length to be replaced. The
aluminum fascia that was indicated for replacement during the pre-bid meeting was
submitted at a cost per lineal foot.
RECOMMENDATION
Gale roofing has installed all the roofs at the Water Filtration Plant over the past twenty-
years, including the Multi-Purpose Building and recent improvements project.
Based on the information received and past experience, it is my recommendation that
Gale Roofing Co, Inc. perform the roof replacement on the north passage at the Water
Filtration Plant - without the deductions offered. The bid from Gale Roofing is inclusive
of all wood deck and fascia replacement and also the aluminum over the fascia board.
Kindly review the information and indicate your concurrence so I may submit this
recommendation to the Mayor and City Commission.
CITY OF MUSKEGON
WATER FILTRATION PLANT
NORTH PASSAGE ROOFING REPLACEMENT
The City of Muskegon Water Filtration Plant is seeking cost proposals from
roofing contractors to replace the roof on the north passage between the north
filters and the high service pump building. Roofing contractors will be able
display, upon request, ten years of successful work with this type of roofing
system and manufacturer’s certification for installation.
SPECIFICATIONS
1. Remove and properly dispose of existing roofing, insulation, flashings and
gravelstop.
2. Repair/replace rotted wood roof deck, soffit, and fascia.
3. Install two layers of Firesone 1.5” ISO 95+ insulation fastened to meet I-90
wind uplift and slope to eliminate water ponding.
4. Install wood blocking on edge to match height of insulation.
5. Install Firestone 60 mil fully adhered EPDM roofing system over insulation.
6. Install flashing on wall after anchoring roofing at base of wall.
7. Install termination bar at top of flashing.
8. Install new 0.050 aluminum gravelstop on edges.
9. Clean up site and restore to original condition.
The Water Filtration Plant is located at 1900 Beach Street, Muskegon, MI 49441.
The project site can be viewed on Tuesday August 18, 2009 at 10:00 AM as part
of an informal pre-bid meeting. Contact the Plant at 231.724.4106 no later than
Monday, August 17, 2009 to provide notification of attendance at this meeting.
Proposals are to be submitted to the Water Filtration Plant on Tuesday, August
25, 2009 no later than 4:00 PM EST. Send proposals to the attention of Robert
Veneklasen.
The City of Muskegon reserves the right to accept, or reject, any and all bids or
proposals that are deemed in the City’s best interest.
Date: September 16, 2009
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Termination and Release of Sewer Utility Easement Betten
Chevrolet
SUMMARY OF REQUEST:
Request for termination and release of the former Sewer Utility Easement at Betten
Chevrolet located at 2474 Henry Street.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends Termination and Release of Easement.
TERMINATION AND RELEASE OF EASEMENT
THIS INSTRUMENT has been effective as of on August 21, 2009, by the CITY OF
MUSKEGON, as successor to the Township of Muskegon, a Michigan municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440 ( Declarant , and BC Real Estate Holdings,
LLC, a Michigan limited liability company, of 2474 S. Henry, Muskegon, Michigan 49441
( Betten .
RECITALS:
1. Betten is the owner of record of that parcel of real estate situated in the CITY of
MUSKEGON, COUNTY of MUSKEGON, STATE of MICHIGAN, described as follows:
PARCEL I:
That part of the North 22 rods of the Southwest fractional quarter of the
Southwest fractional quarter of Section 31, Town 10 North, Range 16 West,
described as follows: Commence 33 feet East and 333 feet South of the
Northwest corner of said Southwest fractional quarter of Southwest fractional
quarter; thence East parallel to the north line of said Southwest fractional
quarter of Southwest fractional quarter 456.16 feet, more or less, to a point
250 feet West of the West right of way line of the Norton-Glade Express
Highway; thence South parallel to the West lien of said Highway 30 feet; thence
East parallel to the north line of said Southwest fractional quarter of
Southwest fractional quarter, a distance of 250 feet to the West right of way
line of the Norton-Glade Express Highway; thence North along the West right
of way line of said Highway 200 feet; thence West parallel to the north line of
said Southwest fractional quarter of Southwest fractional quarter 250 feet;
thence South parallel with the West right of way line of the Norton-Glade
Express Highway, 140 feet; thence West parallel to the north line of said
Southwest fractional quarter of Southwest fractional quarter 456.16 feet,
more or less, to a point 33 feet East of the West line of said Section 31; thence
South 30 feet to the place of beginning.
PARCEL II:
All that part of the South 250 feet of the North 613 feet of the Southwest
fractional quarter of the southwest quarter of Section 31, Town 10 North, Range
16 West, City of Muskegon, Muskegon County, Michigan, which lies West of a
1
line 100 feet West of, measured at right angles and parallel to the construction
centerline of Highway US-16 and US-31. The construction centerline of Highway
US-31 and US-16 is described as: Beginning at a point 474.31 feet South of the
North quarter corner of Section 7, Town 9 North, Range 16 West, Norton
Township, now known as City of Norton Shores, Muskegon County, Michigan;
thence North 88°54' West 319.11 feet to the point of curve of a 5°45' curve to
the right; thence Northwesterly along the arc of the curve 1572.17 feet to the
point of tangent; thence North l°30' East 4927.39 feet to a point of deflection;
thence l°06'50" East 2600 feet to the point of ending.
PARCEL III:
Part of the North 22 rods of the Southwest fractional quarter of the Southwest
fractional quarter of Section 31, Town 10 North, Range 16 West, Muskegon
County, Michigan, described as follows: Commence 33 feet East and 363 feet
South of the Northwest corner of said Southwest fractional quarter of the
Southwest fractional quarter; thence East parallel to the North line of said
Southwest fractional quarter of the Southwest fractional quarter a distance of
456.16 feet more or less to a point 250 feet West of the West right of way line of
the Norton-Glade Express Highway; thence Northerly parallel to said West right
of way line of said Highway 30 feet; thence West parallel to the North line of
said southwest fractional quarter of the Southwest fractional quarter, 456.16
feet to a point 33 feet East of the West line of said Section 31; thence South 30
feet to place of beginning.
( Premises
2. The Premises are benefited by, and Declarant is the present holder of, a
sanitation sewer easement recorded in Liber 738 at Page 159, AND a sewer trunk line
easement recorded in Liber 76 at Page 430 in the office of the Register of Deeds for Muskegon
County, Michigan.
3. Declarant has no further use for such easements.
4. There are no sewer lines, lateral lines, or other connections which are
connected to the bypassed former sewer trunk line left in place in the easements described
in Section 2 above, except the sewer line (s) which are connected to and serve the facilities
and structures located on the Premises.
5. In reliance on Section 4, Betten releases Declarant an successors
and assigns from and against any and all liability, loss, damage or expense of any kind or
description whatsoever sustained or suffered by Betten and assigns
or to which any of them may be subjected arising from the sewer trunk line left in place on
the Premises.
NOW, THEREFORE, Declarant declares that the easements shall have no further force
and effect and does, by these presents, terminate, release and quitclaim unto Betten all of its
2
right, title and interest in and to the easements and Betten shall take ownership and control
of any sewer lines presently located within the terminated easement.
IN WITNESS WHEREOF, this instrument has been executed as of the date and year
first above written.
CITY OF MUSKEGON
By:____________________________________
Stephen J. Warmington
Its: Mayor
By: ___________________________________
Ann Marie Becker
Its: City Clerk
BC REAL ESTATE HOLDINGS, LLC,
a Michigan limited liability company
By:____________________________________
Bryan Betten, Member
STATE OF MICHIGAN )
) ss.
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me, a Notary Public, this _____
day of ______________________, 2009, by Stephen J. Warmington, as Mayor of the City of
Muskegon, a Michigan municipal corporation, for and on behalf of the same.
__________________________________________
Notary Public
________________ County, Michigan
My Commission Expires: __________________
Acting in ____________________ County
3
STATE OF MICHIGAN )
) ss.
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me, a Notary Public, this _____
day of ___________________, 2009, by Ann Marie Becker as Clerk of the City of Muskegon, a
Michigan municipal corporation, for and on behalf of the same.
__________________________________________
Notary Public
________________ County, Michigan
My Commission Expires: __________________
Acting in ____________________ County
STATE OF MICHIGAN )
) ss.
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me, a Notary Public, this _____
day of ___________________, 2009, by Bryan Betten, Member of BC Real Estate Holdings, LLC, a
Michigan limited liability company, for and on behalf of the same.
__________________________________________
Notary Public
________________ County, Michigan
My Commission Expires: __________________
Acting in ____________________ County
Prepared by:
Todd M. Anthes
SCHOLTEN FANT
Attorneys at Law
100 North Third Street
Grand Haven, Michigan 49417
(616) 842-3030
4
Date: September 22, 2009
To: Honorable Mayor and City Commissioners
From: DPW
RE: Request for an Access Agreement- Burgess Norton
SUMMARY OF REQUEST:
Burgess-Norton Manufacturing INC. has requested a limited access agreement to install monitoring
wells in Restlawn Cemetery and McCrea Park to determine the extent of groundwater
contamination from the former BNM plant located at 660 Nims Street.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the limited access agreement subject to supplemental conditions and compliance with
necessary insurance requirements.
COMMITTEE RECOMMENDATION:
SUPPLEMENTAL CONDITIONS
1- The grantee shall be fully responsible for the maintenance of the wells and any relocation
that becomes necessary to facilitate other improvements within the right of way.
2- Grantee will be responsible to maintain and keep, for the duration of this agreement, a valid
insurance coverage satisfactory to the City.
3- Insurance. The Contractor shall at all times carry insurance in the following or greater
amounts. The insurance shall be issued by companies acceptable to the City, licensed
in the State of Michigan. The City shall be named as additional insured on policies of
liability insurance. The Permittee shall file certificates or policies evidencing such
insurance coverage annually with the City. Insurance policies or certificates shall
provide that the City be given thirty (30) days written notice before a cancellation or
change in coverage may occur. Valid insurance coverage, acceptable to the City, shall
be maintained until such time as the monitoring well is properly abandoned.
Type Limits
Workers' Compensation Statutory
Professional Errors and Omissions $1,000,000/claim, $1,000,000/aggregate
Liability (including pollution liability coverage)
Commercial General Liability $1,000,000/occurrence, $1,000,000/aggregate
(including blanket contractual liability coverage)
Automotive Liability $500,000/person
Bodily Injury $500,000/occurrence
4. Indemnification. The Permittee shall indemnify and hold harmless the City of and from
any liability for claims, damages, costs, expenses, or fees, including any attorney fees,
or fines or awards brought against or charged to the City by any person, firm, or
corporation on account of or arising from the privilege hereby granted to the Permittee
or the activities of the Permittee related to the installation, maintenance, repair, or
abandonment of monitoring wells. This indemnification obligation shall include all
liabilities for environmental damage or releases of hazardous substances subject to any
governmental or third party action. “Hazardous substance” is defined as any chemical,
substance or material constituting a prohibited or regulated substance under
governmental law, rule, statute, or regulations in force at any time, or any substance
with respect to which any present or future federal, state, or local environmental law or
governmental agency requires environmental investigation, monitoring or remediation.
LIMITED ACCESS AGREEMENT
This Limited Access Agreement (“Agreement”) is made and entered into this ____ day of
_____________, 2009, by and between BURGESS-NORTON MFG. CO., INC., of 737 Peyton
Street, Geneva, Illinois 60134, a Delaware corporation, (“BNM”) and the CITY OF THE
MUSKEGON, of 933 Terrace Street, Muskegon, Michigan 49440, a Michigan Municipal
Corporation (“Owner”), owner of the certain property generally located at 1400 Kenneth Street,
Muskegon, Michigan 49442, including a cemetery, baseball field, and internal access driveways
(the “Premises”), in connection with certain environmental site assessment activities to be
performed by BNM in response to a release of hazardous substances at the former BNM plant
located at 660 Nims Street, Muskegon, Michigan, (the “Site”).
RECITALS
WHEREAS, BNM is engaged in certain environmental site assessment work relating to
the Site; and
WHEREAS, to perform such site assessment work, BNM has requested permission from
the Owner to gain access to a portion of the Premises in order to continue its investigation; and
WHEREAS, BNM has informed Owner that the Premises may have been impacted with
hazardous substances in the groundwater beneath the Premises (hereinafter “Contamination”);
and
WHEREAS, the Michigan Department of Environmental Quality has oversight and
monitoring responsibilities with regard to the investigation of the nature and extent of said
Contamination and the remediation of said Contamination; and
WHEREAS, BNM and Owner desire to establish their respective rights and obligations
with respect to the site investigation and site assessment work to be performed on the Premises.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
adequacy of which is hereby acknowledged, BNM and Owner agree as follows:
1. BNM and its contractors are hereby granted a license to enter upon the Premises solely to
complete the activities described in the attached Exhibit consisting of a letter from Robert J. Ellis
of Arcadis to Eric Gielow dated September 15, 2009 and its attachment, and in any subsequent
scope of work approved by Owner under Section 4 of this Agreement (“Scope of Work” or
“SOW”), and for no other purpose. Upon completion of the SOW, BNM shall restore the
Premises as near as practicable to its condition immediately prior to the commencement of
activities. Prior to entering the Premises to conduct the SOW, or at anytime thereafter, BNM
shall provide Owner with no less than seven (7) days advance written notice. It is expressly
understood and agreed that Owner shall have no responsibility or liability for the cost of the
SOW.
2. BNM agrees that, as to any and all past, present or future samples collected at the
Premises, such samples will only be analyzed for the constituents identified in the SOW, and that
all other information, samples, or data, in paper or electronic form, including laboratory
Page 1 of 7
chromatograms, shall remain strictly confidential, and shall not be released or disclosed to any
other person or entity without the express written permission of Owner unless required by
subpoena, court order, or as otherwise required by law to be disclosed. In the event of disclosure
not approved by Owner, BNM shall prior to the disclosure promptly notify Owner of the nature
of the disclosure, the identity of person or entity to whom the information shall be disclosed, and
the date of the intended disclosure.
3. BNM acknowledges that the Premises are presently used as a public cemetery, a City-
owned public park and recreational area. BNM shall cause all work on the Premises to be
performed during normal business hours in a manner that minimizes interference with the
Owner’s use of the Premises or the activities of others who are lawfully on the Premises or
adjacent areas. All work performed on the Premises shall be performed in a manner consistent
with the level of skill and care ordinarily exercised by members of the environmental profession
practicing under similar conditions. BNM shall use reasonable efforts to complete the SOW and
all other work on the Premises in a diligent fashion. Upon request by BNM or its contractors,
Owner shall promptly provide BNM or its contractors readily available information reasonably
related to carrying out the SOW safely, including, but not limited to, cemetery plot maps,
locations of buried utilities, and locations of other buried structures. With advance notice to
BNM, Owner reserves the right to require the payment of reasonable clerical and administrative
charges for research, document retrieval and reproduction requested by BNM. Nothing
contained herein shall require Owner to disclose private information otherwise exempt from
disclosure under statutes or ordinances governing the disclosure of public records. Nothing
contained herein shall impose any obligation on the City to provide statutory notifications to
protect underground utilities. BNM agrees to contact MISS DIG as required by law prior to
commencing the SOW.
4. Before conducting additional activities on the Premises, BNM shall obtain the further
written approval of Owner to conduct such additional activities by first providing Owner a
proposed amendment of the SOW or a written request and detailed proposed new scope of work,
as applicable. Owner shall have the right to review and approve all elements of the work in
advance, including the list of constituents to be analyzed. If approval for additional work is
granted, it will be provided in writing and access shall be allowed pursuant to the terms of this
Limited Access Agreement. In such approval, the Owner may, at its option, waive additional
notification of entry that may be otherwise required by Section 1 of this Agreement.
5. Within ten (10) days after it becomes available, BNM shall supply Owner with any final
data, reports, figures, maps and/or analysis related to any soil or groundwater samples taken
from, or beneath to the Premises at no cost to Owner. Owner reserves the right to obtain and
analyze split samples at its own expense.
6. With respect to entry on the Premises, or the performance of work thereon, BNM, its
agents, contractors and subcontractors shall enter upon the Site at their own risk and, except as to
claims arising from the negligence or willful misconduct of Owner, its employees or agents,
Owner shall have no liability whatsoever with respect to any of the work performed by BNM, its
contractors, subcontractors, employees, or agents. BNM shall indemnify and hold harmless the
City of and from any liability for claims, damages, costs, expenses, or fees, including any
attorney fees, or fines or awards brought against or charged to the City by any person, firm, or
corporation on account of or arising from the privilege hereby granted to BNM or the activities
Page 2 of 7 2
of BNM, its contractors, subcontractors, employees, or agents, related to the SOW. This
indemnification obligation shall include, but not be limited to all liabilities for environmental
damage or releases of hazardous substances subject to any governmental or third party action
that arise from the acts or omissions of BNM, , its contractors, subcontractors, employees, or
agents, or their presence on Owner's property in connection with this Agreement. “Hazardous
substance” is defined as any chemical, substance or material constituting a prohibited or
regulated substance under governmental law, rule, statute, or regulations in force at any time, or
any substance with respect to which any present or future federal, state, or local environmental
law or governmental agency requires environmental investigation, monitoring or remediation.
7. BNM shall cause all contractors and subcontractors working on the Premises to maintain
in force, at their expense, at all times during performance of work under this Agreement, the
minimum insurance coverages set forth below:
Coverage Minimum Limits
Professional Errors and Omissions $1,000,000 per claim and
$1,000,000 in the aggregate
Contractor’s Pollution Liability $1,000,000 per claim and
$2,000,000 in the aggregate
The preceding coverages shall not exclude pollution events, or testing or analytical
operations.
Coverage Minimum Limits
Worker’s Compensation Statutory
General Liability $1,000,000 per occurrence
(bodily injury/property damage) $2,000,000 aggregate/per project
Automobile Liability $1,000,000 per person or occurrence
(bodily injury/property damage) (combined single limit)
General Liability insurance shall include coverage for: products/completed operations;
explosion, collapse, and underground; contractual liability; and independent contractor
coverage under this Agreement. BNM shall furnish Owner insurance certificates
reflecting its consultant’s or subcontractor’s compliance with requirements of this
Section.
BNM further agrees that the above-referenced insurance will not be cancelled or
materially altered without thirty (30) days prior notice to Owner. A statement so
signifying shall appear on each certificate of insurance.
All subcontractors shall be required to maintain insurance that complies with this Section.
Such subcontractors shall also furnish the same evidence of insurance to Owner as
required of the contractor hereunder.
Page 3 of 7 3
Neither BNM’s contractors or subcontractors, if any, shall commence work until all of
the insurance required of such parties is in force and the necessary certificates have been
furnished to the Owner.
BNM agrees that the minimum insurance requirements set forth herein shall not limit or
diminish in any way the respective rights and obligations of the parties under this
Agreement.
Any claims-made coverage carried by BNM’s contractors or its subcontractors shall
either be continued in effect for one (1) year after completing the work under this
Agreement or have an extended reporting provision which permits reporting of claims for
at least one (1) year from the date of policy expiration for purposes of all work performed
under this Agreement.
8. Nothing in this Agreement shall be deemed to make Owner responsible as a handler,
generator, operator, treater, storer, transporter, regenerator, recycler, or disposer of hazardous or
toxic substances, constituents, or other waste materials found, generated or identified at the
Premises or elsewhere in connection with the performance of work by BNM under this
Agreement. As between Owner and BNM, BNM shall be solely responsible for assuring the
proper handling, removal from the Premises and disposal of all soil cuttings and well
development water resulting from carrying out the SOW. Pending disposal, BNM shall locate all
drums or containers of material on the Site, and not on the Premises.
9. In the performance of its work hereunder, BNM shall observe any and all local, state, and
federal safety, health and environmental statutes and regulations that may be applicable. BNM
shall indemnify and defend Owner from all losses, damages, claims, or demands of whatever
nature, which are imposed on or incurred by Owner as a result of BNM’s failure to observe any
applicable safety or environmental statutes and regulations.
10. BNM agrees to maintain the condition of all monitoring well(s) authorized by Owner,
and promptly repair and replace any monitoring well cover or casing that is damaged, whether by
snow, ice or frost upheaval or other cause or condition. Wells damaged by routine snow removal
are the responsibility of BNM, and not Owner. To the extent Owner discovers obvious damage
to a monitoring well or casing, BNM shall be promptly notified by Owner. If Owner determines
that the monitoring well location interferes with Owner’s activities on the Premises, BNM shall
properly remove the monitoring well at no cost to Owner. Wells installed by BNM that will no
longer be used shall be properly abandoned by BNM, and following delivery of a detailed scope
of work for abandonment with such information as is required by Section 4 hereof, Owner shall
grant continued access to the Premises for that purpose. BNM shall deliver a copy of an
abandonment report or record related to each well abandoned.
11. Owner may terminate this Agreement at any time upon ten (10)-business day’s written
notice to BNM at the address set forth below. Upon such termination, all access to the Premises
shall immediately cease, except that BNM shall be given a reasonable period of time to remove
its equipment and restore the Premises as provided herein. All other covenants, assurances, and
commitments of the parties contained in this Agreement shall survive the termination of this
Agreement.
Page 4 of 7 4
12. All notices, demands, requests, and information required or permitted to be given under
the provisions of this Agreement, shall be in writing and shall be deemed given (a) when
personally delivered to the party to be given such notice or other communication, (b) on the
business day that such notice or other communication is sent by facsimile or similar electronic
device, fully prepaid, which facsimile or similar electronic communication shall promptly be
confirmed by written notice, (c) on the third business day following the date of deposit in the
United States mail if such notice or other communication is sent by certified or registered mail
with return receipt requested and postage thereon fully prepaid, or (d) on the business day
following the day such notice or other communication is sent by reputable overnight courier, to
the following:
If to Owner: Brett Kraley
City of Muskegon
Department of Public Works
1350 E. Keating Avenue
Muskegon, MI 49442
With a copy to legal counsel: Eric R. Gielow
Parmenter O’Toole
601 Terrace Street
P.O. Box 786
Muskegon, MI 49443-0786
Fax No: (231) 722-5527
If to BNM: Burgess-Norton Mfg. Co., Inc.
737 Peyton Street
Geneva, Illinois 60134
With a copy to legal counsel: James P. Enright
Miller Johnson
Calder Plaza Building
250 Monroe Avenue NW, Suite 800
P.O. Box 306
Grand Rapids, MI 49501-0306
13. This Agreement is to be governed by and construed in accordance with the laws of the
State of Michigan.
14. The individual executing this Agreement below personally warrants to the other party
hereto that such individual, in executing this Agreement, is acting with full authority to bind the
respective party to the terms of this Agreement and that evidence of such authority shall be
submitted on request.
15. Nothing contained herein shall be deemed to extend access rights to adjacent public
streets, highways or rights of way. In the event BNM requires access to City streets or rights of
way, a request shall first be approved by the Department of Engineering, City of Muskegon.
BNM agrees to obtain any permits for such work required by City ordinances.
Page 5 of 7 5
16. Nothing contained within this Agreement shall be deemed to be an admission or
acknowledgement of responsibility, settlement or accord between the parties related to the
Contamination or otherwise. Owner and BNM reserve all rights and claims related the
Contamination except as expressly set forth in this Agreement.
17. This Agreement may be signed in counterparts and will be deemed effective upon the
date of its full and complete execution.
Burgess-Norton City of Muskegon
Mfg. Co., Inc.
By:___________________________ By: ______________________________
Printed name Printed name
Its: ________________________ Its:___________________________
Date: _____________________ Date:______________________
Page 6 of 7 6
EXHIBIT
Letter from Robert J. Ellis of Arcadis to Eric Gielow dated September 15, 2009
Page 7 of 7 7
Date: September 15, 2009
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Selection of Installer for Pole Lighting at Clara
Shepherd Park
__________________________________________________________________
SUMMARY OF REQUEST: To approve the Leisure Services and Park
Department’s selection of electrical contractor West Shore Electric, 3678 Airline Rd.,
Muskegon, MI, to install pole lighting at Clara Shepherd Park at a cost of $9,740.
Public notices were posted, a pre-bid meeting was held with two attendees. West
Shore Electric was the only bid received by the bid opening deadline.
FINANCIAL IMPACT: None, the Public Health Department of Muskegon County will
reimburse the City of Muskegon for all costs related to the project.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
COMMITTEE RECOMMENDATION: Installation of lights was approved by the
Commission at the August 11, 2009, meeting.
Date: September 22, 2009
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: 2010 Budget Adoption
SUMMARY OF REQUEST: The City Commission may take action to adopt the
2010 budget with whatever changes or adjustments it deems necessary. City
Charter requires the budget be adopted no later than September 25, 2009.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2010. As proposed, the budget includes no property tax
increase.
BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the legal
appropriation authority necessary for City departments to conduct operations in 2010.
STAFF RECOMMENDATION: Approve the proposed 2010 City of Muskegon
Budget resolution. Also, approval of the 3rd Quarter 2009 Budget Reforecast as
shown in the Budget Book is recommended at this time.
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING ____________________
TO: Honorable Mayor and City Commissioners
FROM: Commissioner Larry Spataro
DATE: September 15, 2009
RE: Pooled Health Care Coverage
SUMMARY OF REQUEST:
To approve a resolution to endorse the State of Michigan concept to pool health care coverage
for public employees and retirees. The goal is to reduce costs through standardization of
benefits and economies of scales.
FINANCIAL IMPACT:
Early estimates are $400-$600 million savings statewide.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the resolution and send it to legislators and the Governor.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\AGENDA-POOLED HEALTH CARE COVERAGE 091509
City of Muskegon
Commission Agenda Item No. ________________
A resolution to endorse the State of Michigan concept
to pool health care coverage for public employees and retirees
At a regular meeting of the City of Muskegon, at the City Hall, 933 Terrace Street, in Muskegon, Michigan, on the 22nd day of
September, 2009 at 5: 30 p.m. local time.
PRESENT: ___________________________________________________________________
ABSENT: ___________________________________________________________________
It was moved by Commissioner ____________ and supported by Commissioner ____________ that the following Resolution be
adopted:
WHEREAS, Andy Dillon, Speaker of the House of Representatives, recently unveiled a draft bill entitled “Michigan Health
Benefits Program Act”; and
WHEREAS, the purpose of the proposed Act is to provide for consolidation of health benefits for public employees; to
create a board to adopt a uniform public employee health benefits program; to provide for duties for certain state departments,
agencies, boards, and officers; to require public employers who provide health benefits to employees to participate in the health
benefits program; to provide for exceptions; to provide for optional participation by private entities; and to repeal acts and parts of
acts; and
WHEREAS, “public employer” means this state; a city, village, township, county, or other political subdivision of this state;
any intergovernmental, metropolitan, or local department, agency, or authority, or other local political subdivision; a school district, a
public school academy, or an intermediate school district as those terms are defined in the revised school code; a community
college or junior college, or a public university, as described in the state constitution of 1963; and
WHEREAS, “public employee” means an employee, officer, or elected official of a public employer, including an employee
retired from employment with a public employer as provided in section 21 of the proposed act; and
WHEREAS, a bipartisan committee will analyze the proposed legislation, take testimony of it, and make changes based on
input and information that it receives; and
WHEREAS, a portion of the $400 million-$600 million in estimated savings from the plan is based on standardizing health
care benefits across layers of government and benchmarking those costs; and
WHEREAS, the City of Muskegon is committed to the pursuit of cost-saving measures in all levels of its governance.
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon endorses the concept to pool health care coverage for
public employees and retirees.
BE IT FURTHER RESOLVED, that this resolution shall be transmitted to Governor Jennifer Granholm, to the State
Senate, and to the State House of Representatives.
Adopted this 22nd day of September, 2009.
Ayes:
Nays:
Abstain:
By ___________________________________
Stephen J. Warmington
Its Mayor
By ___________________________________
Ann Marie Becker, MMC
Its Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission held on September 22, 2009. The meeting was properly held and
noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ___________________________________
Ann Marie Becker, MCC, City Clerk
Date: September 22, 2009
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Congress of Cities Voting Delegates
SUMMARY OF REQUEST: To designate one of our officials who will
be in attendance at the National League of Cities Annual Business
Meeting on Saturday, November 14th, to cast the City’s vote; and, if
possible, to designate an alternate.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
Date: September 22, 2009
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Recommendations for the Various Boards and
Committees
SUMMARY OF REQUEST: To appoint Paul Edbrooke and Willie German Jr. to
the Local Officer’s Compensation Committee.
FINANCIAL IMPACT: None.
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION:
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