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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 12, 2008
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
A. Bike to Work Day.
a CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Special Event - Multiple Liquor License Request for Hot Rod Harley
Davidson/American Red Cross. LEISURE SERVICES
C. Request for Encroachment Agreement for 333 W. Western Avenue, Suite
� ENGINEERING
D. Request for Encroachment Agreement for Baker College of Muskegon,
Clay Avenue. ENGINEERING
E. Certification of MERS Representatives. FINANCE
F. Army Corps of Engineers Supplemental Agreement - Pier Safety. CITY
MANAGER
G. PostNConstruction Stormwater Controls Resolution. PUBLIC WORKS
H. 2008 - 2009 City of Norton Shores CDBG Administration Contract.
COMMUNITY & NEIGHBORHOOD SERVICES
I. Accounting Services Contract. FINANCE
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
A. Memorial Honoring Commissioner Kevin Davis. LEISURE SERVICES
• NEW BUSINESS:
A. Reallocation of 2008 HOME Funds. COMMUNITY & NEIGHBORHOOD
SERVICES
B. Sanitary Sewer Repair at Apple Avenue and Spring Street.
ENGINEERING
C. Construction Engineering Services for Richards Park Building
Demolition. ENGINEERING
D. Home Rehabilitation Fund Deficit Elimination Plan. FINANCE
E. Purchase of Video Security System - City Hall. PUBLIC SAFETY
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Fi!I 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 l Ominutes 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, C!TY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4172.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 12, 2008
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, August 12,
2008,
Mayor Warmington opened the meeting with a prayer from Pastor Richard
Bennett from the First Wesleyan Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Steve Wisneski, Chris Carter, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie
Becker.
Absent: Commissioners Sue Wierengo and Clara Shepherd (both excused)
2008~69 INTRODUCTIONS/PRESENTATION:
A. Bike to Work Day. Mayor Warmington announced that August 20,
2008, is Ride On Day. He encouraged everyone to ride their bike to work that
day.
2008-70 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, July 22nd,
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Special Event - Multiple Liquor License Request for Hot Rod Harley-
Davidson/American Red Cross. LEISURE SERVICES
SUMMARY OF REQUEST: Hot Rod Harley-Davidson/American Red Cross, 149
Shoreline Dr. is requesting a temporary liquor license, for August 23 through
August 24, 2008. The event is a fundraiser to benefit the American Red Cross.
The Child Abuse Council was previously approved for a temporary alcohol
license for August 23rd,
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Leisure SeNices staff approved per Special Event
policy guidelines August 4, 2008.
E. Certification of MERS Representatives. FINANCE
SUMMARY OF REQUEST: The MERS plan document provides that "the governing
body for each municipality shall certify the names of two (2) delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality."
Each City bargaining unit selects a member to attend the MERS annual
meeting. The bargaining units have agreed to a rotating system (based on
date of joining MERS) to select one official employee representative. This year
the employee representative will be Gerald Ziegler from the Police Command
unit.
FINANCIAL IMPACT: Cost of attending MERS conference in Traverse City
estimated to be $700 per person.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Tim Paul and Gerald Ziegler to be the
City's officer and employee delegates at the MERS annual meeting in Traverse
City September 30 - October 2.
F. Army Corps of Engineers Supplemental Agreement - Pier Safety. CITY
MANAGER
SUMMARY OF REQUEST: To approve Supplemental Agreement No. 2 to the Army
Corps of Engineers Lease No. DACW35- l-9l-3004. This supplemental agreement
will incorporate the North Breakwater of the Muskegon Harbor into the lease to
allow the placement of pier safety devices.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Supplemental Agreement.
G. Post-Construction Stormwater Controls Resolution. PUBLIC WORKS
SUMMARY OF REQUEST: The City is required to re-apply for a stormwater permit.
Stormwater runoff must be addressed at newly-developed or redeveloped
properties. Since the City does not have a legal mechanism for regulating
stormwater control, our consultant, FTC&H, recommends the City approve the
resolution as a procedure in place to regulate stormwater control which has not
been codified as a regulatory mechanism. The City also commits to finalize a
regulatory mechanism for stormwater control on or before April 1, 2013.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None is needed.
STAFF RECOMMENDATION: Approve this resolution for post-construction
stormwater controls.
H. 2008 - 2009 City of Norton Shores CDBG Administration Contract.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract between the City of Norton
Shores and the City of Muskegon for the administration of Norton Shores' 2008 -
2009 CDBG program.
The agreed revenues to be earned from this transition are $22,000, to be paid on
a quarterly basis. This is the third year that the CNS office will be administering
the City of Norton Shores' CDBG program.
FINANCIAL IMPACT: The City will receive the revenues and will be deposited in
the CDBG Administration Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct the Mayor and the City Clerk to sign the
contract.
I. Accounting Services Contract. FINANCE
SUMMARY OF REQUEST: Since 1997, we have utilized a contractual arrangement
for accounting services. This arrangement was put in place in lieu of replacing a
full-time finance clerk employee who retired. The accounting services contract
has proved very cost-effective for the City. We receive excellent service at a
very reasonable rate, pay only for actual hours worked, and have benefitted
from having the same person provide services for more than eight years. The
current contract is nearing expiration and staff recommends renewing for a
three-year period at a fixed rate of $40.00/hour. This represents a $5.00/hour
increase over the current rate ($35.00), but is still less than the $42.00/hour rate
paid in 2003-06.
FINANCIAL IMPACT: The City uses about 20 hours of service each month under
this contract. The projected annual cost is $9,600, far less than the cost of the
full-time position the contract replaced.
Data
Year Sum of Hours Sum of Total
2003 306.8 $ 13,138
2004 276.5 $ 11,899
2005 253.3 $ 10,637
2006 316.0 $ 13,074
2007 201.5 $ 6,045
2008 (thru June) 136.8 $ 4,786
Grand Total 1,490.8 $59,578
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a three-year extension (2009, 2010, 2011)
to the current accounting services contract with Dobb Accounting.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus items C and D.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
2008-71 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Request for Encroachment Agreement for 333 W. Western Avenue, Suite
~ ENGINEERING
SUMMARY OF REQUEST: New Trend Investments LLC has submitted an
encroachment agreement form requesting your permission to install a 15'
attached canopy on the side of the building facing Second St., and use 15' of
the sidewalk for outdoor seating at the Muskegon Athletic Club.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
request for an encroachment agreement for 333 W. Western Avenue, Suite 1B.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
Nays: None
MOTION PASSES
D. Request for Encroachment Agreement for Baker College of Muskegon,
Clay Avenue. ENGINEERING
SUMMARY OF REQUEST: Baker College of Muskegon has submitted an
encroachment agreement form requesting your permission to install 90 feet of
PVC conduit under Morris Ave. along Third St. and place 198 feet of innerduct in
the existing sleeves in each of the 66 foot rights-of-way beneath First St., Second
St., and Jefferson St. for a total encroachment of 288 feet.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement install 90
feet of PVC conduit under Morris Ave. along Third St. and place 198 feet of
innerduct in the existing sleeves in each of the 66 foot rights-of-way beneath First
St., Second St., and Jefferson St. for a total encroachment of 288 feet per the
plans.
Motion by Commissioner Spataro, second by Commissioner Wisneski to approve
the request for an encroachment agreement for Baker College of Muskegon for
Clay Avenue, First Street, Second Street, and Jefferson Street for a total
encroachment of 288 feet per the plans to the extent that we control the rights-
of-way.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
2008-72 UNFINISHED BUSINESS:
A. Memorial Honoring Commissioner Kevin Davis. LEISURE SERVICES
SUMMARY OF REQUEST: Beachwood-Bluffton Neighborhood Association request
that the volleyball court area at Pere Marquette Park north of Captain Jack's
Restaurant be named Kevin Davis Volleyball Ct., in honor of former
Commissioner Kevin Davis for his public service to the citizens of Muskegon and
devotion to developing Beach Volleyball at Pere Marquette Park.
The Neighborhood Association will have a dedication ceremony at their
community picnic, August 19th at 6:00 p.m. at the Margaret Drake-Elliott pavilion.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
COMMITTEE RECOMMENDATION: The Leisure Service Board approved the
recommendation at their February 19th meeting.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the memorial honoring Commissioner Kevin Davis.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
2008-73 NEW BUSINESS:
A. Reallocation of 2008 HOME Funds. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To approve for the Commission to direct the Community
Neighborhood Services office to amend the 2008 - 2009 Action Plan in order to
deduct $65,000 from the HOME Total Rehabilitation program in order that it may
be used for the City's Pilot Weatherization program. This plan assisted 22
Muskegon households in which 91% were senior citizens. The households
received assistance with windows, doors, insulation, thermostats and furnaces.
The CNS office, in an attempt to be proactive, established this pilot program in
expectation of the predicted 30% increase in energy cost this coming winter.
FINANCIAL IMPACT: The HOME Total Rehabilitation program will be decreased
by $65,000. The Pilot Weatherization program will be funded at $65,000. After
the CNS office has sold homes out of our existing inventory and all deficit arrears
have been met, revenues from our HOME sales will be placed back in the Total
Rehabilitation program at an amount of $65,000.
BUDGET ACTION REQUIRED: Stated above.
STAFF RECOMMENDATION: To direct staff to amend the 2008 - 2009 Action Plan
to fund the Pilot Weatherization program.
COMMITTEE RECOMMENDATION: The City Commission approved the
Weatherization Program on April 22, 2008.
Motion by Vice Mayor Gawron, second by Commissioner Carter to direct staff to
amend the 2008 - 2009 Action Plan to fund the Pilot Weatherization program.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wisneski, and Carter
Nays: None
MOTION PASSES
B. Sanitary Sewer Repair at Apple Avenue and Spring Street.
ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Felco
Contractors, Inc. to make necessary repairs of the sanitary sewer at the
intersection of Apple Ave. and Spring St. as a change order to the Pine St.,
Apple Ave. to Western Ave. construction project.
FINANCIAL IMPACT: The estimated cost of $24,389.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Felco
Contractors, Inc. to provide all labor and materials to perform the tasks outlined
in the change order.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the sanitary sewer repair of Apple Avenue and Spring Street agreement with
Felco Contractors to provide all labor and materials to perform the tasks outlined
in the change order.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
Nays: None
MOTION PASSES
C. Construction Engineering Services for Richards Park Building
Demolition. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into a construction engineering
services agreement with Environmental Resources Management, Inc. (ERM) to
perform the demolition support services for the former wastewater treatment
plant at Richards Park including bid document preparation, environmental
oversight, and demolition oversight,
ERM is being recommended due to the reasonable fee proposal $14,500 as well
as their expertise in environmental issues.
FINANCIAL IMPACT: $14,500.
BUDGET ACTION REQUIRED: None since the project was budgeted for in the
2008 CIP.
STAFF RECOMMENDATION: Authorize staff to enter into a construction
engineering services agreement with ERM.
Motion by Vice Mayor Gawron, second by Commissioner Carter to authorize
staff to enter into a construction engineering services agreement with
Environmental Resources Management, Inc. regarding the Richards Park
building demolition.
ROLL VOTE: Ayes: Warmington, Wisneski, Carter, Gawron, and Spataro
Nays: None
MOTION PASSES
D. Home Rehabilitation Fund Deficit Elimination Plan. FINANCE
SUMMARY OF REQUEST: At December 31, 2007 the City of Muskegon Home
Rehabilitation Fund had a deficit balance of $231,345. Act 275 of the Public
Acts of 1980 requires that the City file a Deficit Elimination Plan with the Michigan
Department of Treasury. Staff is requesting adoption of the Home Rehabilitation
Fund Deficit Elimination Plan Resolution.
FINANCIAL IMPACT: As presented by the Deficit Elimination Plan, the Home
Rehabilitation Fund will no longer have a deficit by December 31, 2009.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the Home Rehabilitation Fund Deficit
Elimination Plan Resolution.
Motion by Commissioner Spataro, second by Commissioner Wisneski to adopt
the Home Rehabilitation Fund Deficit Elimination Plan.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
Nays: None
MOTION PASSES
E. Purchase of Video Security System - City Hall. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting Commission
approval to purchase a video security system to be installed in various locations
throughout City Hall. The locations include all entrances, the basement the
public area of the Police Department and the public area adjacent to the
Treasurer's service counter.
The three bids that were solicited are as follows:
Lakeshore Security & Electronics, Hesperia, $7,253.15
ADT, Wyoming, $9,225.00
Vision Technology International, Grandville, $12,383.00
This project is a joint effort between Public Safety, Engineering and Information
Technology.
FINANCIAL IMPACT: The City applied for and has been approved for a grant
from the Michigan Municipal Risk Management Authority. The grant will cover
50% funding up to $5,000 towards this project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the bid from Lakeshore Security &
Electronics be accepted.
Motion by Vice Mayor Gawron, second by Commissioner Carter to accept the
bid from Lakeshore Security & Electronics from Hesperia for the purchase of a
video security system for City Hall.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:11 p.m.
Respectfully submitted,
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Ann Marie Becker, MMC
City Clerk
Date: August 12, 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, July 22 nd .
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
Date: AugustS,2008
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Special Event-Multiple Liquor License Request
Hot Rod Harley-Davidson!American Red Cross
SUMMARY OF REQUEST: Hot Rod Harley-Davidson/American Red Cross, 149
Shoreline Dr. is requesting a temporary liquor license, for August 23 through August
24, 2008. The event is a fund raiser to benefit the American Red Cross. The Child
Abuse Council was previously approved for a temporary alcohol license for August
23 rd •
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The Leisure Services staff approved per Special
Event policy guidelines August 4, 2008.
COMMITTEE RECOMMENDATION: None
Date: August 12, 2008
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Certification of MERS Representatives
SUMMARY OF REQUEST: The MERS plan document provides that "the governing body
for each municipality shall certify the names of two (2) delegates to the Annual Meeting. One delegate
shall be a member who is an officer of the municipality appointed by the governing body of the
municipality. The other delegate shall be a member who is not an officer of the municipality, elected by
the member officer/employees of the municipality."
Each City bargaining unit selects a member to attend the MERS annual meeting. The bargaining units
have agreed to a rotating system (based on date of joining MERS) to select one official employee
representative. This year the employee representative will be Gerald Ziegler from the Police Command
unit.
Fl NANCIAL IM PACT: Cost of attending MERS conference in Traverse City estimated to be
$700 per person.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Tim Paul and Gerald Ziegler to be the
City's officer and employee delegates at the MERS annual meeting in Traverse City September 30 -
October 2.
COMMITTEE RECOMMENDATION: None.
9/18/97
Officer (Alternate) and Employee (Alternate) Delegate
Information
[see reverse for Certification Form]
To be a municipality's voting delegate (or alternate) representative to MERS Annual Meeting, you must be a member
ofMERS.
MERS Member: A MERS member is an individual who is enrolled in MERS Defined Benefit (DB) Plan (including
Hybrid) or Defined Contribution (DC) Plan.
As provided in Section 45(2) of the MERS Plan Document, the governing body for each municipality shall certify the
names of two (2) delegates to the Annual Meeting. One delegate shall be a member who is an officer of the municipality
appointed by the governing body of the municipality. The other delegate shall be a member who is not an officer of the
municipality, elected by the member officer/employees of the municipality. The election shall be conducted in a manner
that affords each member officer/employee an opportunity to vote.
Officer Delegate (or Alternate): The officer delegate shall be an officer member who holds a department head position
or above, exercises management responsibilities, and is directly responsible to the legislative or executive branch
of government.
Employee Delegate (or Alternate): The employee delegate shall be an employee member, who is not responsible for
management decisions, receives direction-from management, and, in general, is not directly responsible to the legislative
or executive branch of government.
Delegate Certification: This form states that the officer delegate (alternate) appointments are true and correct, and the
secret ballot election results for employee delegate (alternate) are true and correct. An official at the municipality must
sign the certification.
MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM I 1134 Municipal Way I Lansing, Ml 48917 I (800) 767-6377 I (517) 327-8336 fax I www.mersofmich.com
Visit our web site to register today - www.mersofmich.com 11
Officer and Employee Delegate
MERS. Certification Form
MUIIIClrll ™Pl0¥lEI RUIRU\f~T5¥$TUI
[see reverse for InformationJ
MERS 62"d Annual Meeting I September 30 - October 2, 2008 I Grand Traverse Resort & Spa, Acme, Michigan
IMPORTANT: Complete a11d re/um t/zis form, Your registration is 1101 co11jirmed until t/1is form !,as been received by MERS.
In order to be your municipality's delegate representative to MERS Annual Meeting, you must be a member ofMERS.
A member of MERS is defined as an individual on payroll who is enrolled in MERS Defined Benefit Plan (including
Hybrid) or Defined Contribution Plan. Please refer to "Delegate lnfonnation" on the back for specific requirements.
OFFICER (ALTERNATE) EMPLOYEE (ALTERNATE)
DELEGATE INFORMATION DELEGATE INFORMATION
The officer delegate (or alternate) shall be an officer The employee delegate (or alternate) shall be an employee
member who holds a department head position or above, member who is not responsible for management decisions,
exercises management responsibilities, and is directly receives direction from management and, in general, is
responsible to the legislative and/or executive branch of not directly responsible to the legislative and/or executive
government. branch of government.
Please type or print: Please type or print:
Officer Delegate 7@ /1ov(.. Employee Delegate Mtf:,,t.,,t) C/~t:l.e;t_
Officer Alternate /Jr/{) )l) /111' M/Pe.. Employee Alternate re~-e.sa. Acre,, k;t
OFFICER DELEGATE APPOINTMENT EMPLOYEE DELEGATE ELECTION
Bx o cial action of the governing body on By secret ballot ejection conducted by an authorized
/ 2. 2008, the officer delegate and officer on P// L- 2008, the employee delegate
alternate listed above were appointed to serve at the and alternate listed above were elected to serve at the 2008
2008 MERS Annual Meeting. MERS Annual Meeting.
CERTIFICATION
NOTE: Certification should be signed by the member of the governing body or the Chief Administrative Officer and
municipality number provided in space at the bottom of certification box.
I certify that the officer delegate and alternate selections are true and correct, and the secret ballot election results for
employee del ga~ and alternate are true and corr~ct.
Name(Signature): l\'vy\'0'\h\/ e~ Jc Name(PleasePrint): Ann /lJorie f3eclf,,r
Official Title: {°;:;r, / e"U".<.t:.. Date: _ _ll.LLJ.,l}'-'q'-'µ,__.,_s tL____,_,;s;.,_,___,,,d,""'O'-'"O'-'rP,__ _
NOTE: Municipality Number Required for Certification
Municipality Number: _.C,c,/,cc1/,_.t,,c.__ _ _ __ E-mail address: -tzM • Pa vi (!>..sl1(la;hh('.t' /T,I.
~ :,
~.....
Municipality: Cq aE ,)fg,,U6"~,:;-µ
Municipality Mailing Address: ,Po Aox .5.J?
/rJtr.u'er;M, IYl:t:'
MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM I 1134 Municipal Way I Lansing, Ml 48917 I (800) 767-6377 I (517) 327-8336 fax I www.mersofmich.com
1112 Visit our web site to register today-www.mersofmich.com
AGENDA ITEM NO. _ _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: August 1, 2008
RE: Army Corps of Engineers Supplemental Agreement - Pier Safety
SUMMARY OF REQUEST:
To approve Supplemental Agreement No. 2 to the Army Corps of Engineers Lease No.
DACW35-1-91-3004. This supplemental agreement will incorporate the North Breakwater
of the Muskegon Harbor into the lease to allow the placement of pier safety devices.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached Supplemental Agreement.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\ARMY CORPS ENG SUPPLMNYLAGRMNT 080108
2008-?0(f)
DEPARTMENT OF THE ARlvfY
DETROIT DISTRlCT, CORPS OF ENGINEERS
SUPPLEMENTAL AGREEMENT NO. 2
TO DEPARTMENT OF THE AlliWY
LEASE NO. DACW35-1-91-3004
TlllS SUPPLEMENTAL AGREEMENT entered into this_l.2__day of August • 2008 , by and
between THE CITY OF MUSKEGON, MICIDGAN, hereinafter called the lessee and the SECRETARY OF THE
ARMY, hereinafter called the government.
WITNESSETH:
MlEREAS. the parties hereto entered into Department of the Army Lease No. DACW35-l-9l-3004, dated
28 July 1992. which authorized the Lessee's use and improvements upon U.S. Property located at the Pere Marquette
channel area, Muskegon Harbor Federal Navigation Project, as more accurately described in the basic lease; and
. MlEREAS, the lease was amended by Supplemental Agreement No. 1 dated 27. March 2007; and
WHEREAS. the lessee has requested that the leased premises be expanded to include lights and pier safety devices
on the U.S. North Breakwater; and
WHEREAS. the Government has no objection to this request.
NOW, THEREFORE, effective 5 August 2008, the Lease is modified in the following particulars, but in no others:
The following condition is ADDED hereto and made part of the lease:
"38. g. This lease authorizes the City of Muskegon to constmct, operate and manage lights and various pier safety
devices such as life rings, call boxes, signs and other related devices with appurtenances on the U.S. North Breakwater.
EXCEPT AS MODIFIED ABOVE, all other terms and conditions of the lease, remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 on the date first
above written.
(printed name)
Mayor (title)
BY AUTHORITYOFTHE
SECRETARY OF THE ARMY
VICTORL. KOTW1CKI
Chief, Real Estate Division
Detroit, Buffalo and Chicago Districts
SUPPLEMENTAL AGREEMENT NO. 2
DEPARTMENT OF THE ARMY LEASE .NO. DACW35-1-91-3004
CORPS OF ENGINEERS U, S. ARMY
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By: -~-··
Ann Marie Becker, MMC
City Clerk
Commission Meeting Date: August 12, 2008
Date: August 5, 2008
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services D e p ~ 6
RE: 2008 - 2009 City of Norton Shores CDBG Administration
Contract
SUMMARY OF REQUEST: To approve the attached contract between the City of
Norton Shores and the City of Muskegon for the administration of Norton Shores'
2008 - 2009 CDBG program.
The agreed revenues to be earned from this transition are $22,000, to be paid on a
quarterly basis. This is the third year that the CNS office will be administering the
City of Norton Shores' CDBG program.
FINANCIAL IMPACT: The City will receive the revenues and will be deposited in the
CDBG Administration Fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct the Mayor and the City Clerk to sign the
contract.
COMMITTEE RECOMMENDATION: None
2008-70(h)
City of Muskegon/City of Norton Shores
CDBG Program Administration Agreement
th
Agreementmadeandenteredintothis 12 day of August, 2008, by and between
the City of Muskegon; a Michigan municipal corporation ("Muskegon"), and the City of Norton
Shores, a Michigan municipal corporation ("Norton Shores"), with reference to the following
facts:
Background
Norton Shores desires that Muskegon assume responsibilities for the administration of
the Norton Shores' Community Development and Block Grant ("CDBG") Program.
Therefore, the parties agree as follows:
1. Administration of CDBG program. Muskegon agrees to assume responsibility
for the preparation and submission of the following CDBG documents on behalf of Norton
Shores:
a. Federal Application 424, nan-atives, project tables, certifications, Environmental
Summary, Combined Notice of no Significant findings and Intent to Release funds.
b. Consolidated Annual Performance and Evaluation Report, public hearing notice
nan-atives, reports including performance measures criteria (using CPMP format).
c. Semi-Annual Labor Standard Enforcement Report (form 4710).
d. Contract and Subcontract Activity Report (form 2516).
e. CDBG liens for projects, in accordance with ffiJD guidelines and regulations, as well
as any other applicable Norton Shores requirements.
f. Preparation of quarterly reports to comply with CAPER, maintaining subrecipient
contract format for the City of Norton Shores' contract with the American Red Cross.
Norton Shores shall provide Muskegon with a copy of all fmms previously used by Norton
Shores, and Muskegon shall provide a copy of the above reports to Norton Shores upon
completion.
2. Terms of CDBG Fund Payments. Muskegon shall submit payment requests for
release of CDBG funds to Norton Shores' Financial Department, and Norton Shores shall
remit payment within 10 days of a payment request by Muskegon.
3. Administration Fee. Norton Shores shall pay Muskegon $22,000 per program
year for administration of the CDBG program. Payment shall be made by way of
quarterly payments beginning on July 1, 2008.
4. Term of the Contract. The parties agree that this contract shall be effective
July 1, 2008, through June 30, 2009. In addition, either party may terminate this
Agreement at any time, and for any reason, upon 45 days written notice to the
other party. Upon termination of the contract, Muskegon shall owe Norton
Shores a pro rata return of the unearned Administration Fee paid to date.
5. Building Inspection. Norton Shores' Building Inspection Department will ·
perform all inspections for CDBG projects and submit the inspection reports to
Muskegon for inclusion in the relevant project file.
6. Purchasing Guidelines. Muskegon and Norton Shores agree to evaluate the
current CDBG program purchasing guidelines used by Norton Shores, and
establish a written quotation and sealed project bid system acceptable to both
parties.
7. General Provisions.
a. Non-Waiver. No waiver by any party of any provision of this Agreement
shall constitute a waiver by such party of such provision on any other
occasion or a waiver by such party of any other provision of this Agreement.
b. Severability. Should any provision of this Agreement be determined to be
invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be impaired
or affected.
c. Assignment or Delegation. Neither party may assign all or any portion of its
rights and obligations in this Agreement without the express prior written
approval of the other party, which approval may be withheld for any reason.
By
Anne Marie Becker, Clerk
Date: August 12, 2008
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Accounting Services Contract
SUMMARY OF REQUEST: Since 1997, we have utilized a contractual
arrangement for accounting services. This arrangement was put in place in lieu of
replacing a full-time finance clerk employee who retired. The accounting services
contract has proved very cost-effective for the City. We receive excellent service at a
very reasonable rate, pay only for actual hours worked, and have benefitted from
having the same person provide services for more than eight years. The current
contract is nearing expiration and staff recommends renewing for a three-year period
at a fixed rate of $40.00/hour. This represents a $5.00/hour increase over the current
rate ($35.00), but is still less than the $42.00/hour rate paid in 2003-06.
FINANCIAL IMPACT: The City uses about 20 hours service each month under
this contract. The projected annual cost is $9,600, far less than the cost of the full-
time position the contract replaced.
Data
Year Sum of Hours Sum ofTotal
2003 306.8 $ 13,138
2004 276.5 $ 11,899
2005 253.3 $ 10,637
2006 316.0 $ 13,074
2007 201.5 $ 6,045
2008 /thru June) 136.8 $ 4,786
Grand Total 1,490.8 $ 59,578
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval ofa three-year extension (2009, 2010,
2011) to the current accounting services contract with Dobb Accounting.
COMMITTEE RECOMMENDATION: None.
9/18/97 1
DOBB ACCOUNTING & TAX SERVICE L.L.C.
July 25, 2008
Mr. Tim Paul
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49443
Dear Tim:
We are pleased to confirm our understanding of the accounttng and support services that we are to provide to the City of
Muskegon.
We will provide accounting and bookkeeping services at the rates listed below:
Year Rate Per Hour
2009 40
2010 40
2011 40
We appreciate the opportunity to be of service to the City of Muskegon. This letter summarizes the significant terms of
the engagement. If there are any questions, please let us know, If you agree with the terms of our engagement as
described in this letter, please sign the enclosed copy and return it to us.
Sincerely,
Jessica Rabe
1050 W WESTERN AVE PHONE (231) 722-2599
SUITTl0S FAX (231) 722-2821
MUSKEGON, MI 49441 E·MAIL JESSCH@CORE.COM
Response:
This letter correctly sets forth the understanding of the City of Muskegon.
By:
Title:
Date:
Date: August12,2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement
333 W. Western Ave. Suite 1 B
SUMMARY OF REQUEST:
New Trend Investments LLC has submitted the attached encroachment agreement form
requesting your permission to install an 15' attached canopy on the side of the building
facing Second St., and use 15' of the sidewalk for outdoor seating at the Muskegon Athletic
Club (see attached plans).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement.
COMMITTEE RECOMMENDATION:
2008-71 ( C)
CITY OF MUSKEGON
ENCROACHMENTPERMITAGREEMENT
REQUEST: A one-hundred dollar ($100.00) non-refundable fee is required for processing of request.
I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the encroachment"), in
or abutting a street, alley, sidewalk, park, tenace or other property controlled or owned by the City of
Muskegon, the encroachment being described as: (Attach exhibits) (I unit equals 0-99 lineal feet)
1,r: l 1V ,, 'i,l, "., ,:i .J1L/( c·, vii, .,
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3. The CITY is willing to grant such privilege upon the terms and conditions herein. This
agreement shall constitute a permit under Chapter 74 of the Code of City Ordinances, and with all future
amendments shall apply to any encroachment on public right of way or propetiy.
PERMIT AGREEMENT:
THIS AGREEMENT is made and entered into this :1>{1
day of 'Jl./ I '[ 20 (,' , by and
between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and h/(}-1 'jttJi\)
IH'16j)•li)l[ (hereinafter called LICENSEE).
THEREFORE,
I. CITY does hereby grant unto LICENSEE the privilege of constructing, installing, maintaining,
repairing and performing all necessary functions relating to the encroachment, and for that purpose to enter the
property, for the term herein stated. This privilege shall be effective upon the delivery to the CITY of the
required evidence of insurance coverage as outlined in paragraph 4 under this section and only after approval of
this agreement by the City Commission and at which time an encroachment permit will be issued.
This grant is subject to the following special conditions: see attached Sllpplemental conditions
O:\ENGINEERTNG\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Pennit.doc
2. That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
_ _ _ _ _ _ _ _ _ _ _ _ _Dollars ($ _ _ _ _~, per unit as described under Request, paragraph 1,
applicable to the current Master Fee Resolution. Such payment is to be made upon the signing of this
agreement to the City of Muskegon, and the privilege hereby granted shall continue for a period of five years
from said date and renewal payment as set in the Master Fee Resolution to continue in five year intervals due on
the first day of May unless sooner tenninated as hereinafter provided.
3. INDEMNIFICATION. The LICENSEE shall indemnify and save hannless said GRANTOR 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 LICENSEE or the activities of the LICENSEE related to the encroachment or
this privilege. 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 material constituting a prohibited or regulated substance under governmental law, rule, statute or regulation
in force at any time, including future times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to CITY, and issued by companies acceptable to the CITY, licensed in the State of Michigan,
naming CITY as an additional insured on any such policy. LICENSEE will file yearly with the CITY
certificates or policies evidencing such insurance coverage. The insurance policies or certificates shall provide
that the CITY shall be given thirty days written notice before a cancellation or change in coverage may occur.
The types of coverage and coverage limits as required by City Engineer shall be as follows:
Ot-~ 1 )7.iil L1 i,is• c ·- 7
5. BONDING. Before this agreement pe1mit becomes valid, LICENSEE shall file with the CITY a
bond conforming to the requirements of all applicable ordinances, and to cover removal of said encroachment in
part or whole, if essential for CITY to do so. This Bond shall keep same in force during the entire tenn of this
agreement.
6. The privilege hereby granted may be canceled and revoked in part or whole by the CITY at any
time upon giving said LICENSEE thirty (30) days of written notice of such cancellation and revocation, with no
refund of the fee required in paragraph 2 of Penni! Agreement.
7. LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in
writing to the CITY thirty (30) days prior to such surrender with no refund of the fee required in paragraph 2 of
Permit Agreement; provided, however, that upon the voluntary relinquishment or abandonment of this privilege,
or upon cancellation or revocation thereof by the CITY, the LICENSEE shall remove any structure(s) erected
upon, within or overhanging the area of encroachment and restore the property at LICENSEE'S expense and in
O:\ENGTNEERfNG\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Permit.doc
I a manner satisfactory to the CITY and in default thereof shall be liable to the CITY for any cost, damage or
expense the CITY may sustain in such restoration.
8. That should said LICENSEE fail or refuse to confonn to any of the conditions on its part to be
perfonned hereunder, the privilege hereby granted shall immediately terminate and become null and void.
9. This agreement shall be binding upon the respective heirs, representatives, successors and
assigns of the parties hereto.
IZon llJar:,'c. /lee /(,.c, Clerk
O:\ENGINEERING\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Permit.doc
SUPPLEMENTAL CONDITIONS
1- The grantee shall be fully responsible for the maintenance of the encroachment(s)
and any relocation that becomes necessary to facilitate other improvements within
the right of way (s).
2- Grantee will be responsible to maintain and keep, for the duration of this agreement,
a valid insurance coverage satisfactory to the City.
3- If approved (by the City Commission), a permit to work in the right of way must be
obtained from the Engineering Department before any work begins.
4- Insurance: LICENSEE shall at all time carry liability insurance naming the City of
Muskegon as "additional insured" in such amounts as are satisfactory to the City.
The provision for liability insurance set forth shall remain in full force and effect in
lieu of any other insurance requirement, provided that the City shall be given thirty
(30) days written notice before a change in coverage may occur.
5- The City and/or its agent are not responsible for any damage to the facilities.
6- The LICENSEE shall at all times maintain at all times an unimpeded clearance
(along the sidewalk) of at least 48" from the back of the curb.
rrt:21
COMMON SPACE
;,;1
COMMON SPACE
i MUSKEGON ATHLETIC CLUB :_fl
I
SEPERATE TENANT 4800SF
COMMON SPACE
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53'·10"
OUTDOOR GATE
u
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36'~1· 1"" n•
RELOCATE
SECOND STREET UGHT POLE
130'-5"
SITE PLAN W/ GATE, CURB, L. POLE & CANOPY LOCATION
SCALE: 1116'"' 1'-0"
• ••
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RELOCATE
LIGHT POLE
FRONT ELEVATION
SIDE ELEVATION
74-265/724
MUSKEGON ATHLETIC CLUB LLC 04-oa 10go7a9 1031
333 WESTERN STE 1B
MUSKEGON, Ml 49440
DATE_7_,__./--'-:!>=D~=oe.____~
$ JOI). OD
---·-- - ~ -
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Date: August12,2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement
Baker College of Muskegon - Clay Ave.
SUMMARY OF REQUEST:
Baker College of Muskegon has submitted the attached encroachment agreement form
requesting your permission to install 90 feet of PVC conduit under Morris Ave. along Third
St. and place 198 feet of innerduct in the existing sleeves in each of the 66 foot rights-of way
beneath First St., Second St., and Jefferson St. for a total encroachment of 288 feet.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement install 90 feet of PVC conduit under Morris Ave.
along Third St. and place 198 feet of innerduct in the existing sleeves in each of the 66 foot
rights-of way beneath First St., Second St., and Jefferson St. for a total encroachment of
288 feet.per the attached plans.
COMMITTEE RECOMMENDATION:
2008-7l(d)
CITY OF MUSKEGON
ENCROACHMENTPERMITAGREEMENT
REQUEST: A one-hundred dollar ($100.00) non-refundable fee is required for processing of
request.
I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the
encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled
or owned by the City of Muskegon, the encroachment being described as: (Attach exhibits) (1
unit equals 0-99 lineal feet)
Install 90 feet of PVC conduit under Morris Ave. along Third St. and place 198 feet of
innerduct in the existing sleeves in the 66 foot rights-of way beneath First St., Second St.,
and Jefferson St, for a total encroachment of 288 feet.
2. The City-owned or controlled property (herein "property") subject to the encroachment
is described as: [please insert a general description, and if required by the CITY, an accurate
legal description]
3. The CITY is willing to grant such privilege upon the terms and conditions herein.
This agreement shall constitute a permit under Chapter 74 of the Code of City Ordinances, and
with all future amendments shall apply to any encroachment on public right of way or property.
PERMIT AGREEMENT:
THIS AGREEMENT is made and entered into this 12th day of _ _~A==u,._gu=s~t~2=0=08=,
by and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY),
and Baker College of Muskegon, MI (hereinafter called LICENSEE).
THEREFORE,
1. CITY does hereby grant unto LICENSEE the privilege of constructing, installing,
maintaining, repairing and performing all necessary functions relating to the encroachment, and
for that purpose to enter the property, for the term herein stated. This privilege shall be effective
upon the delivery to the CITY of the required evidence of insurance coverage as outlined in
paragraph 4 under this section and only after approval of this agreement by the City Commission
and at which time an encroachment permit will be issued.
This grant is subject to the following special conditions: See supplemental conditions attached
2. That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
$150.00 Dollars ($10.00 ), per unit as described under Request, paragraph I,
applicable to the current Master Fee Resolution. Such payment is to be made upon the signing of
this agreement to the City of Muskegon, and the privilege hereby granted shall continue for a
period of five years from said date and renewal payment as set in the Master Fee Resolution to
continue in five year intervals due on the first day of May unless sooner terminated as hereinafter
provided.
3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said
GRANTOR 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 LICENSEE or the
activities of the LICENSEE related to the encroachment or this privilege. 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 material constituting a prohibited or regulated substance under governmental law, rule,
statute or regulation in force at any time, including future times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such
amounts as are satisfactory to CITY, and issued by companies acceptable to the CITY, licensed
in the State of Michigan, naming CITY as an additional insured on any such policy. LICENSEE
will file yearly with the CITY certificates or policies evidencing such insurance coverage. The
insurance policies or ce1tificates shall provide that the CITY shall be given thirty days written
notice before a cancellation or change in coverage may occur. The types of coverage and
coverage limits as required by City Engineer shall be as follows:
See supplemental conditions
5. BONDING. Before this agreement permit becomes valid, LICENSEE shall file
with the CITY a bond conforming to the requirements of all applicable ordinances, and to cover
removal of said encroachment in part or whole, if essential for CITY to do so. This Bond shall
keep same in force during the entire term of this agreement.
6. The privilege hereby granted may be canceled and revoked in part or whole by the
CITY at any time upon giving said LICENSEE thirty (30) days of written notice of such
cancellation and revocation, with no refund of the fee required in paragraph 2 of Permit
Agreement.
7. LICENSEE may surrender up the privilege hereby granted at any time upon
giving notice in writing to the CITY thirty (30) days prior to such surrender with no refund of the
fee required in paragraph 2 of Permit Agreement; provided, however, that upon the voluntary
relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof by
the CITY, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the
area of encroachment and restore the property at LICENSEE'S expense and in
a manner satisfactory to the CITY and in default thereof shall be liable to the CITY for any cost,
damage or expense the CITY may sustain in such restoration.
8. That should said LICENSEE fail or refuse to conform to any of the conditions on
its part to be performed hereunder, the privilege hereby granted shall immediately terminate and
become null and void.
9. This agreement shall be binding upon the respective heirs, representatives,
successors and assigns of the parties hereto.
Witnesses:
-=-=Ann==-...:.Mc=a=r-=i-=-e-'B=-'ec.ccccck=e=r_ ___,, Clerk
"'°~ ~-,.
OLICEN~
\ ==-
SUPPLEMENTAL CONDITIONS
1- The grantee shall be fully responsible for the maintenance of the encroachment(s)
and any relocation that becomes necessary to facilitate other improvements within
the right of way (s).
2- Grantee will be responsible to maintain and keep, for the duration of this agreement,
a valid insurance coverage satisfactory to the City.
3- If approved (by the City Commission), a permit to work in the right of way must be
obtained from the Engineering Department before any work begins.
4- Insurance: LICENSEE shall at all times carry liability insurance in such amounts as
are satisfactory to the City. The provision for liability insurance set forth shall remain
in full force and effect in lieu of any other insurance requirement, provided that the
City shall be given thirty (30) days written notice before a change in coverage may
occur.
5- The City and/or its agent are not responsible for any damage to the facilities.
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1 Ea - Sanitary MH, 60 inch dia 5.2 Sta Roadway Grading
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I
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UTILITY BM#4 EL.!
WESTERN AVE ACCESS CLAY AVE UPPER FLANGE
1 Ea - SEWER, Tap, 12 inch UNDER "CITY" @
EX 100'ROW EX66'ROW
INV=607.08
CONNECTED TO EXIST 12" STORM f 1
53 Ft - Sanilaly Sewer, 8 inch, Tr Oet B (@ 0.4%)
1 Ea - Sanijary Ptug, 8 inch
J
3:
C)
+
200 Ft-Water Main, DI, 12 inch, Tr Dj!t G STA 17+20, 53' Lt
1 Ea - Waterrnain, Connect ~
INV=597.38
1 Ea - Or Structure, 48 inc!J ~
1 Ea - Tee, 12 inch x 12 inch x 8 inch
STA 17+14.66, 21cfi,·
1 Ea - Gate Valve and Box, 8 inch
500 Lb - Or Slructure Co)!!;r {e)
&"',._",· 1 Ea - Cap, 01, 8 inch
45 Ft - Water Main, 01, 8 inch. Tr Del G
3 Ea - Utility MH, ~
- 1 Ea - Utility MH, Ad-.-
h,I 7 ~ J" gAs
l'US
- - 1
1 Ea - Dr Structure, 48 inch dia
STA 17+14.66, 21 .5' Rt 1 Ea - Tee, 12 in~lx 12 inch x 6 inch
1 Ea - Valve Bo>
l~'~o
INV=604.782 (12" NW, NE & SW)
44 Ft - Sewer, Cl IV, 12 inch, Tr Del B (@ 0 .7%)
500 Lb - Or Structure Cover (C)
I 1 Ea -
1 Ea -
15 Ft -
Gate Valv~nd Box, 6 inch
Fire Hydra11t
Water Mai~I. 6 inch, Tr Del G
~
200 Ft -Water Main, 01, 12 inch, Tr Del G ~
30 Ft - Sewer, Cl IV, 12 inch, Tr Del B (@ 1.0%) 1 Ea - Tee, 12 inch x 12 inch x 8 inch 1 Ea - Watennain, Connect
1 Ea -Watennain, Connect 1 Ea - Reducer, 12 inch x 8 inch
1 Ea - Stenn Plug, 12 inch 1 Ea - Gate Valve and Box, 8 inch
STA 17+14.66, 53' Rt 1 Ea - Cap, DI, 8 inch
1 Ea - Sewer Tap, 12 inch
(CONTRACTOR TO CONFIRM INVERT
ELEVATION PRIOR TO CONSTRUCTION)
I INV=605.02 65 Ft - Wate r Main, 01, 8 inch, Tr Del G I
1 Ea - Or Structure Cover, Adj, Case 2
350 Lb - Dr Structure Cover (0)
I LIMITS OF ROAD
CONSTRUCTION
STA 16+35
I
P.O.E.I
SECOND STREET SECOND ST.
EX. HMA PAVEMENT STA 19+06
f
LOW OINT ELEV = 609.86
I OW~INISIA -1s+1503
VI !'.TA= 16+15
REORDER 905 • U.S. PAT(,!H NO. 553329D, 55755DD, 5611163. 57a5353. 59M%4, rm one
Qer
~"~ MUSKEGON CAMPUS - 1903 MARQUETTE AVE - MUSKEGON Ml 49442-1490 - 12311 777-5233 Check No. 202372
06/18/2008 PERMIT TO WORK - CITY RIGHT-OF-WAY 03070 100.00
BAKER COLLEGE-CULINARY CUI
CONSTRUCTION
CHURCHILL COMM, CONTRACTOR
$100.00
9-9
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c_,.!le~t:_-~ ·. · 1903 Marqu~tte Ave
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PAY ·. ;,ONE HUND;ED 1\J'iJ:l 00/100 DOLLI\RS
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BAKER COLLEGE
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THE CITY OF.MUSKEGON
. ORDER 933 TERRACE ST ...
OF MUSKEGON MI 49440,1348
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Date: August 5, 2008
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Memorial Honoring Commissioner Kevin Davis
SUMMARY OF REQUEST: Beachwood-Bluffton Neighborhood Association request
that the volleyball court area at Pere Marquette Park north of Captain Jacks
Restaurant be named Kevin Davis Volleyball Ct., in honor of former Commissioner
Kevin Davis for his public service to the citizens of Muskegon, and devotion to
developing Beach volleyball at Pere Marquette Park.
The Neighborhood association will have a dedication ceremony at their community
picnic, August 19th 6:00PM at the Margaret Drake-Elliott pavilion.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
COMMITTEE RECOMMENDATION: The Leisure Service Board approved the
recommendation at there February 19 meeting.
Commission Meeting Date: August 12, 2008
Date: August 5, 2008
To: Honorable Mayor and City Commission / ) ~
From: Community and Neighborhood Services ~rtment
RE: Reallocation of 2008 HOME Funds
SUMMARY OF REQUEST: To approve for the Commission to direct the CNS office
to amend the 2008 - 2009 Action Plan in order to deduct $65,000 from the HOME
Total Rehabilitation program in order that it may be used for the City's Pilot
Weatherization program. This plan assisted 22 Muskegon households in which 91 %
were senior citizens. The households received assistance with windows, doors,
insulation, thermostats and furnaces.
The CNS office, in an attempt to be proactive, established this pilot program in
expectation of the predicted 30% increase in energy cost this corning winter.
FINANCIAL IMPACT: The HOME Total Rehabilitation program will be decreased by
$65,000. The Pilot Weatherization program will be funded at $65,000. After the
CNS office has sold homes out of our existing inventory and all deficit arrears have
been met, revenues from our HOME sales will be placed back in the Total
Rehabilitation program at an amount of $65,000.
BUDGET ACTION REQUIRED: Stated above.
STAFF RECOMMENDATION: To direct staff to amend the 2008 - 2009 Action
Plan to fund the Pilot Weatherization program.
COMMITTEE RECOMMENDATION: The City Commission approved the
Weatherization Program on April 22, 2008.
7/ 29/ 2008 Nova Developmen·
Glass
Cost@ Cost@ Entry Cost@
Order Address Windows Block Furnace
$248 $160 Door $454
Windows
2 225 Iona 13 3,224 3 480 1 454 1
3 392 W. Grand 17 4 ,216 8 1,280 1 454 1
4 389 Merrill 12 2,976 6 960 2 908 1
5 1423 Lakeshore 1 248 6 960 4 1,816 0
6 1718 Hoyt 15 3,720 6 960 1 454 1
7 11 11 Michioan 4 992 2 320 0 0 0
8 861 Oak 12 2,976 6 960 2 908 0
9 417 Yuba (DOORWALL 9 2,232 9 1,440 2 908 0
10 401 Monroe 41 10,168 6 960 0 0 1
11 1583 Lakeshore 4 992 6 960 0 0 0
13 1784 Smith 9 2,232 4 640 1 454 1
14 879 Oak 4 920 4 640 2 908 0
15 831 Turner 10 2,480 0 0 1 454 0
16 432 Catherine 16 3,968 9 1,440 1 454 0
17 461 Yuba 0 0 5 800 1 454 1
18 1533 Hovt 20 4,960 0 0 3 1,362 0
19 1818 Ray 14 3,472 4 640 0 0 1
20 463 Mulder 13 3,224 4 640 2 908 0
21 368 Sumner 12 2,976 0 0 2 908 1
22 1489 Terrace 17 4,216 0 0 0 0 0
23 1960 Cutler 2 496 6 960 1 454 1
24 2080 Cutler 0 0 5 800 0 0 0
4- 9Q9!Al. GFaAd g g g g g g g
4-2 1853 l/i.taad G g g 0 g g g
245 $60,720 99 $15,840 27 $12,25f 10 l
Date: August 12, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Sanitary Sewer Repair at Apple Ave. & Spring St.
SUMMARY OF REQUEST:
Authorize staff to enter into an agreement with Felco Contractors, Inc. to make
necessary repairs of the sanitary sewer at the intersection of Apple Ave. and Spring
St. as a change order to the Pine St., Apple Ave. to Western Ave. construction
project.
FINANCIAL IMPACT:
The estimated cost of $24,389.00.
BUDGET ACTION REQUIRED:
None at this time
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Felco Contractors, Inc. to provide all
labor and materials to perform the tasks outlined in the attached change order.
COMMITTEE RECOMMENDATION:
Date: August 12, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Construction Engineering Services for:
Richards Park Building Demolition
SUMMARY OF REQUEST:
Authorize staff to enter into a construction engineering services agreement with
Environmental Resources Management, Inc. (ERM) to perform the demolition support
services for the former wastewater treatment plant at Richards Park including bid
document preparation, environmental oversight, and demolition oversight.
ERM is being recommended due to the reasonable fee proposal $14,500.00 as well as
their expertise in environmental issues.
FINANCIAL IMPACT:
$14,500.00
BUDGET ACTION REQUIRED:
None since the project was budgeted for in the 2008 CIP
STAFF RECOMMENDATION:
Authorize staff to enter into a construction engineering services agreement with ERM
COMMITTEE RECOMMENDATION:
Date: August 4, 2008
To: Honorable Mayor and City Commissioners
From: Assistant Finance Director
RE: Home Rehabilitation Fund Deficit Elimination Plan
SUMMARY OF REQUEST: At December 31, 2007 the City of Muskegon Home
Rehabilitation Fund had a deficit balance of $231,345. Act 275 of the Public Acts of
1980 requires that the City file a Deficit Elimination Plan with the Michigan Department
of Treasury. Staff is requesting adoption of the Home Rehabilitation Fund Deficit
Elimination Plan Resolution.
FINANCIAL IMPACT: As presented by the Deficit Elimination Plan the Home
Rehabilitation Fund will no longer have a deficit by December 31, 2009.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the Home Rehabilitation Fund Deficit
Elimination Plan Resolution.
COMMITTEE RECOMMENATION:
DEFICIT ELIMINATION PLAN
City of Muskegon
August 1, 2008
At December 31, 2007 the City of Muskegon Home Rehabilitation Fund had a deficit
balance of $231,354. This deficit was caused by a depressed home sales market. On
December 31, 2007 the City had five homes for sale and all had been on the market for at
least 10 months.
Address Selling Price
237 Walton $89,500
435 Monroe $69,000
867 Williams $67,000
451 Isabella $62,000
214 Myrtle $90,000 $377,500
Since the December 31, 2007 the City has sold 237 Walton. The following homes have
been completed and are now for sale:
539 Orchard $78,900
218 Catherine $72,500
1581 Division $92,500 $243,900
At June 30, 2008 the deficit had been reduced by $60,217 to$ 171,137. The Community
and Neighborhood Services Office is working diligently to get these homes sold. The
following is a listing of programs instituted to sale as many homes as possible by
December 31, 2008.
Option to Purchase Program
In April of2008 the Community and Neighborhood Services office created a pilot
program that offered the opportunity to lease two of the homes in our inventory with the
intent to purchase. These homes are located at 867 Williams and 435 Monroe. Currently
both homes are occupied. The tenants were responsible for a $1,500 deposit and both
pay approximately $600 per month. The tenants at 867 Williams hope to obtain a
mortgage before the end of the year. The tenant at 435 Monroe hopes to obtain a
mortgage within the next 24 months.
Opportunity to Bid
In late August or early September, the CNS office will offer the opportunity to bid on the
property at 451 Isabella. Any qualified first-time home-buyer will be able to bid on the
property if they have been pre-qualified. The minimum bid is $50,000. If this process is
not successful, then it will be brought to the City Commission to offer this property as
pmt of the Option to Purchase program.
Marketing Program
The CNS office has an aggressive marketing plan for the remaining homes in the City's
inventory.
1. All homes have been advertised in the Sunday Muskegon Chronicle for
approximately the last month and will continue to be advertised every Sunday
until October.
2. All homes will be advertised in the Annual Parade of Homes in August, which is
a regional publication that covers all of Muskegon, Ottawa and some parts of
Kent County.
3. In August, the asking price of two of the homes will be decreased: 218 Catherine
from $72,500 to $70,000 and 539 Orchard from $78,900 to $75,000.
4. In September, presentations will be made to a number of nursing homes in the
community about the City's homes and what buyers must do to qualify. In the
past we have been successful at selling to young ladies who are nursing aids.
5. Also in September a presentation is being planned for West Michigan Steel
employees.
We will continue to aggressively market our homes through the City's website, during
community events and also through the always effective "word of mouth."
The following table shows the 2008 and 2009 budget for the Home Rehabilitation Fund.
2007 Budgeted 2008 Budgeted 2009
Beginning Fund $ - $ (231,354) $ (76,354)
Balance January 1,
Revenues
Federal Grants $ 445,833 $ 380,000 $ 375,000
Other~ proceeds from $ 146,210 $ 275,000 $ 300,000
sale of assets
Total Revenues $ 592,043 $ 655,000 $ 675,000
Expenditures
Capital Outlay $ 823,397 $ 500,000 $ 450,000
Ending Balance $ (231,354) $ (76,354) $ 148,646
December 31,
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2008-73(d)
WHEREAS City of Muskegon's Home Rehabil itation Fund had a $231,354 deficit fund
balance on December 31, 2007; and
WHEREAS, Act 275 of the Public Acts of 1980 requires that a Deficit Elimination Plan
be formulated by the local unit of government and filed with the Michigan Department of
Treasury:
NOW THEREFORE, IT IS RESOLVED that the City Commission of the City of
Muskegon adopts the following as the City of Muskegon's Home Rehabilitation Fund
Deficit Elimination Plan:
2007 Budgeted 2008 Budgeted 2009
Beginning Fund $ - $ (231,354) $ (76,354)
Balance January 1,
Revenues
Federal Grants $ 445,833 $ 380,000 $ 375,000
other - proceeds from $ 146,210 $ 275,000 $ 300,000
sale of assets
Total Revenues $ 655,000 $ 675,000
Expenditures
Capital Outlay $ 823,397 $ 500,000 $ 450,000
Ending Balance $ (231,354) $ (76,354) $ 148,646
December 31,
Adopted this 12!:h day of August, 2008
By:_~~..l!.._l.____1__ ~~~~~....:_---1....._
Ann arie Becker, MMC
Its Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City commission, held on August
12, 2008. The meeting was properly held and noticed pursuant to Open Meetings Act of
the State of Michigan, Act 267 of the Public Acts of 1967.
CIT OF MUSKEGON
By: ~~·'-'-"-'~::\---'--\_·'\\.\.J..::·=·'_,.\;=L\~~-'"'~~L'I
A Marie Becker, MMC
City Clerk
City Commission Meeting
Tuesday August 12, 2008
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: August 5, 2008
SUBJECT: Purchase of Video Security System-City Hall
Summary of Request:
The Director of Public Safety is requesting commission approval to purchase a video
security system to be installed in various locations throughout city hall. The locations
include all entrances, the basement, the public area of the police department and the
public area adjacent to the treasurer's service counter.
Three bids were solicited. They are as follows:
Lakeshore Security & Electronics Hesperia $7,253.15
ADT Wyoming $9,225.00
Vision Technology International Grandville $12,383.00
This project is a joint effort between Public Safety, Engineering and Information
Technology. Staff recommends that the bid from Lakeshore Security & Electronics be
accepted.
Financial Impact:
The city applied for and has been approved for a grant from the Michigan Municipal Risk
Management Authority. The grant will cover 50% funding up to $5,000 towards this
project.
Budget Action Required:
None
Staff Recommendation:
Approval of the purchase.
..... Page 1 of I
Dykman, Kurt
From: Brad Geyer [bsgeyer@hughes.net]
Sent: Sunday, June 24, 2007 8:32 PM
To: Dykman, Kurt
Subject: Camera system quote
The following is the quote you requested for installing a video surveillance system in Muskegon City Hall.
LIST OF MATERIALS;
1) SPECO DVR16TN30 DIGITAL RECORDER WITH 320 GB HARD DRIVE
8) SONY COLOR CAMERAS WITH BACK LIGHT COMPENSATION
8) 3.5 TO 8 mm AUTO IRIS LENSES
7) INDOOR CAMERA MOUNTS
1) WEATHER PROOF HOUSING WITH HEATER AND BLOWER
1) 8 CAMERA POWER SUPPLY
1) 13 INCH COLOR MONITOR
WIRE, CONNECTORS, AND MISC.
TOTAL COST INSTALLED $6803.15
7253, J5
INSTALL INTERCOM FROM BASEMENT TO POLICE ENTRANCE $450.00
Thank you for allowing Lakeshore Security and Electronics to quote on your CCTV needs. If you have any questions
please give me a call at (888) 271-5055.
Sincerely,
Brad Geyer
. 1-888-271-5055 ~-·
TOLL FREE
C6-if .?">I <;?3- or:oZ
LAKESHORE SECURITY
& ELECTRONICS, INC.
4661 N. DICKINSON AVE.
BRAD GEYER HESPERIA, Ml 49421
President
Proposed Equipment: Closed-Circuit Television System
# of Devices Type of Device
1 9-Channel Digital Recorder w/ 500 GB Hard Drive
andCD/RW
6 Indoor Color Dome High-Resolution Dome
Cameras with 3-9mm Lenses
2 Outdoor Day I Night High-Resolution Cameras with
3.5 8mm Lenses
1 16-Camera Power Supply
1 Aiphone Intercom System for Main Entry
Necessary wire, labor and materials
Total Investment: 8 Cameras with 9-Camera Recorder
Customer Owned
Equipment and Installation Fee: $ 8,840.00
Monthly Maintenance Fee: $ 76,00 (optional)
Investment Option II: 8 Cameras with 16-Camera Recorder
Customer Owned
Equipment and Installation Fee: $ 9,225.00
Monthly Maintenance Fee: $ 81.00 (optional)
** Customer to provide Network PC and 110 volt AC power at the digital recorder and
aiphone location.
** Installation Fee includes complete installation of the above-proposed equipment,
training on the use of the system, necessary wire, labor, and materials.
Sincerely,
Todd M. Fenech
ADT Security Services
Commercial Proposal 1:yca/·Fke& ~
Secumy ....-
Vision Technology International, Inc
100 Grandville Ave. SW
Proposal
Suite 202 Date Estimate#
Grand Rapids, Ml. 49503
Phone (616) 233-9622 6/26/2007 1294
Fax(616)233-9585
www.vticctv.com
Name I Address
City of Muskegon
933 Terrace
Muskegon, Ml 49443
Project
Intercom System
Description Qty
AIPHONE LEM~ 1 intercom system I
Installation 6
Misc. Parts I
Subtotal $565.00
Sales Tax (6.0%) $0.00
Total $565,00
Vision Technology International, Inc
100 Grandville Ave. SW
Proposal
Suite 202 Date Estimate#
Grand Rapids, Ml. 49503
Phone (616) 233-9622 6126/2007 1292
Fax (616) 233-9585
www.vticctv.com
Name / Address
City of Muskegon
Mike Vander Molen/ IT Department
933 Terrace
Muskegon, MI 49443
Projecl
Regular camera system
Description Qty
annordorne infared 2.0&-10 varifocal / auto iris I
infared 2.08-10 varifocal / auto lris 7
24V Camera Power Supply, Distribution Box I
16 Channel 120FPS Rackmount DVR 250GB I
1000' Spool Siamese Cable~ Non-Plenum I
BNC Connectors 16
Installation 30
l. DOES NOT include 120 v power to unit
2. DOES NOT include DVR network connection
3, DOES NOT include overtime
Subtotal $11,818.00
Sales Tax (6.0%) $0.00
Total $11,818.00
Michigan Municipal
MANAGEMENT
AUTHORITY
May 28, 2008
BOARD OF DIRECTORS
JAMES KOHMESCHER
Chairman
City of Wyoming
Anthony Kleibecker
JAMES SCHARRET City of Muskegon
Vice Chairman
City of Soulh1ield 933 Terrace Street
Muskegon, Ml 49443
MICHAEL WELSCH
Secretary
AuSable Valley
Menlal Heafth
RE: RAP
MICHAEL BOSANAC
Monroe County
Dear Mr. Kleibecker:
RICHARD BURKE
City ol lshpeming I am pleased to inform you that your RAP application was approved. The Committee
authorized 50% funding up to $5,000 for your security project.
MICHAEL DORNAN
City of Wixom
CINDY KING
Payment will be based upon confirmation from the City of Muskegon of their
Charter Township payment of their portion of the expense. Please send a copy of your paid invoice or
of Van Buren
other documentation of the expenditure. Such documentation is needed in order to
LEONARD PETERS verify that the grant allotted is being used for the project described in your
Eaton County
application.
ROBERT SEETERLIN
Charter Township
of Waterford Payment of RAP funds is contingent upon the City of Muskegon remaining a
THOMAS YACK
Member of MMRMA and in compliance with the Joint Powers Agreement. Your
Charter Township reimbursement is valid for six months from the date of this letter.
of Canton
Sincerely,
MICHAEL L. RHYNER
Executive Director
Charles Schwab
Director of Risk Management
CS/clc
cc: Timothy Paul, Finance Director
Ibex Insurance Agency
14001 Merriman• Livonia, Ml 48154 • (734) 513-0300 • FAX(734) 513-0318 • www.mmrma.org
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