City Commission Packet Archive 07-08-2008

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       CITY OF MUSKEGON
          CITY COMMISSION MEETING
                                        JULY 8, 2008
      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. One-Year Extension to Construct a Single-Family Home at 1364 Wesley.
             PLANNING & ECONOMIC DEVELOPMENT
        C. Intergovernmental                Agreement            for     Traffic     Signal       Maintenance.
           ENGINEERING
        D. Consideration of Bids for Grand Avenue Watermain. ENGINEERING
        E. Consideration of Bids for Roof Improvements/Replacement at City Hall.
           ENGINEERING
•   PUBLIC HEARINGS:
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
        A. Salary Range Adjustments. CITY MANAGER
        B. City Manager Employment Agreement Amendment. CITY MANAGER
•   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 MUS!<EGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDJVJDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE C!TY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4172.
Date:    July 8, 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
                                                    th
Commission Meeting that was held on Tuesday, June 24 .



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                           JULY 8, 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, July 8, 2008.
   Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oakcrest Church of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Steve Wisneski, Chris Carter, Clara Shepherd, Lawrence Spataro,
and Sue Wierengo, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Becker.
2008-63 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, June 24 th •
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. One-Year Extension to Construct a Single-Family Home at 1364 Wesley.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve a one-year extension to allow Mr. Erik
Thorsen to complete the construction of a single-family home on Wesley
Avenue. The original agreement between the City and Mr. Thorsen stipulated
that construction of the home was to be completed within 18 months. The
original 18 months will be over on November 8, 2008, and he would like to add
one year to begin at that time. This would place the deadline to November 8,
2009, for the construction of the home. The City has customarily granted
extensions to persons who have shown that they are dedicated to completing
construction and contributing to the beautification of the City's residential
areas. Due to the economy, the construction business has slowed and Mr.
Thorsen would like to have an additional one year in hopes that the economy
will improve as he is in the construction business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the time extension,
as well as authorization for both the Mayor and the Clerk to sign the resolution.
      C. Intergovernmental      Agreement      for    Traffic   Signal   Maintenance.
         ENGINEERING
SUMMARY OF REQUEST: Authorize the Mayor to sign an intergovernmental
agreement with Muskegon County Road Commission along with other
municipalities for the joint bidding of a traffic signal maintenance contract. The
agreement calls for MCRC to administer the project and charge the
participating agencies, which includes Muskegon, Norton Shores, Roosevelt Park
& MOOT an additional 15% to work done on our systems to compensate for the
overhead and personnel cost.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize the Mayor to sign the agreement.
      D. Consideration of Bids for Grand Avenue Watermain. ENGINEERING
SUMMARY OF REQUEST: Award the contract for the watermain construction in
Grand Avenue from Terrace to the east alley to Felco Contractors, Inc. of
Muskegon since they were the lowest, responsible bidder with a bid price of
$65,439.
FINANCIAL IMPACT: The construction cost of $65,439 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Felco Contractors, Inc.
      E. Consideration of Bids for Roof Improvements/Replacement at City Hall.
         ENGINEERING
SUMMARY OF REQUEST: Award the base bid portion of the contract to replace
the roof at the south westerly section of City Hall (Police Department) to
Ostrander Siding & Roofing Company out of Belding since they were the lowest
responsible bidder with a bid price of $29,900.
FINANCIAL IMPACT: The construction cost of $29,900.
BUDGET ACTION REQUIRED: None. This project was budgeted for in the 2008
CIP.
STAFF RECOMMENDATION: Award the contract to Ostrander Siding & Roofing
Company.
      G. City Manager Employment Agreement Amendment. CITY MANAGER
SUMMARY OF REQUEST: To approve an amendment to the City Manager's
employment agreement relating to retirement requirements.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To approve the proposed amendment and
authorize the Mayor and Clerk to sign the revised agreement.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
consent agenda as read minus item F.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro,
           Nays: None
MOTION PASSES
2008-64 ITEM REMOVED FROM THE CONSENT AGENDA:
     F. Salary Range Adjustments. CITY MANAGER
SUMMARY OF REQUEST:     To make changes to various non-represented salary
ranges.
FINANCIAL IMPACT: Approximately $30,000 in salaries and benefits. However,
there have been savings to fully offset these increases.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the recommended c hanges.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the salary range adjustments.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 5:47 p.m.


                                        Respectfully submitted,




                                        Ann Marie Becker, MMC
                                        City Clerk
                  Commission Meeting Date: July 8, 2008

Date:                June 20, 2008
To:                  Honorable Mayor & City Commission
From:                Planning & Economic Development Department
RE:                  One Year Extension to Construct a Single Family Home at
                     1364 Wesley.



SUMMARY OF REQUEST:
To approve a one year extension to allow Mr. Erik Thorsen to complete the construction of a
single-family home on Wesley Ave. The original agreement between the City and Mr.
Thorsen stipulated that construction of the home was to be completed within 18 months.
The original 18 months will be over on November 8, 2008 and he would like to add one year
to begin at that time. This would place the deadline to November 8, 2009 for the
construction of the home. The City has customarily granted extensions to persons who
have shown that they are dedicated to completing construction and contributing to the
beautification of the City's residential areas. Due to the economy, the construction business
has slowed and Mr. Thorsen would like to have an additional one year in hopes that the
economy will improve as he is in the construction business.

FINANCIAL IMPACT:
None.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
Staff recommends approval of the time extension, as well as authorization for both the
Mayor and the Clerk to sign the attached resolution.

COMMITTEE RECOMMENDATION:
None.
                                     ResolutionNo. 2008-63(b)

                            MUSKEGON CITY COMMISSION


 RESOLUTION APPROVING A ONE YEAR EXTENSION TO BEGIN ON NOVEMBER 8,
 2008 TO COl'vlPLETE THE CONSTRUCTION OF A SINGLE-FAMILY HOME LOCATED
                           AT 1364 WESLEY AVENUE.

WHEREAS, Mr. Erik Thorsen has submitted a request for a time extension; and

WHEREAS, This would provide Mr. Erik Thorsen until November 8, 2009; and

WHEREAS, Mr. Erik Thorsen has shown a commitment to complete the construction of the
home; and

WHEREAS, the completion of the construction of the home will further enhance the ambiance
of the City's residential area.

NOW THEREFORE BE IT RESOLVED, that Mr. Erik Thorsen be granted an additional nine
months to complete the construction of the home located at 1364 Wesley Avenue.

Adopted this 8th day of July 2008.

Ayes:    Warmington, Wierenga, Wisneski, Carter, Gawron, Shepherd,
         and Spataro
Nays:    Nays

Absent    None




                                                        Attest:   ___;,.____._.,.___ _ _--=---"-=--'----"''---

                                                                  Ann Marie Becker, MMC
                                                                  Clerk
                                       CERTIFICATION

I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on July 8, 2008.
                                                                \ ·. v   \!;, ·/
                                                                B~-\\-~'"~j~",
                                                                    Ann Marie Becker, MMC
                                                                    Clerk
Date:         July 8, 2008
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Intergovernmental Agreement for Traffic Signal Maintenance


SUMMARY OF REQUEST:
Authorize the mayor to sign an intergovernmental agreement Muskegon County Road
Commission along with other municipalities for the joint bidding of a traffic signal
maintenance contract. The agreement calls for MCRC to administer the project and
charge the participating agencies, which includes Muskegon, Norton Shores, Roosevelt
Park & MOOT an additional 15% to work done on our systems to compensate for the
overhead and personnel cost.

FINANCIAL IMPACT:
None at this time.

BUDGET ACTION REQUIRED:
None.



STAFF RECOMMENDATION:
Authorize the mayor to sign the attached agreement.



COMMITTEE RECOMMENDATION:
                INTERGOVERNMENTAL JOINT BIDDING AGREEMENT FOR
                         TRAFFIC SIGNAL MAINTENANCE


       This agreement, effective the !ifi;_ day of ( ~                , 2008, is entered into by and
between the Muskegon County Road Commission, hereinafter referred to as "MCRC", with approval
of Michigan Department of Transportation, and the following municipalities, to wit:

               City of Muskegon, Michigan,
               City ofNorton Shores, Michigan,
               City of Roosevelt Park, Michigan,

which municipalities are hereinafter collectively referred to as "Municipalities".

                                                  Recitals

       WHEREAS, MCRC and Municipalities have historically partnered in the maintenance of traffic
signal devices, utilizing staffing which has been historically provided by the City of Muskegon:
       WHEREAS, due to a change of circumstance, including, but not limited to the retirement of one
or more city staff members, Municipalities and MCRC have agreed to utilize the staff of MCRC,
functioning as the lead agency, to develop and administer specifications and provide for the
competitive bid out of traffic maintenance services, as more fully described hereafter; and,
       WHEREAS, MCRC and Municipalities are desirous of memorializing terms and conditions
relevant to such joint and mutual undertakings;


   NOW THEREFORE, in consideration of mutual covenants and conditions hereinafter set forth,
                         MCRC and Municipalities hereafter agree as follows:



                                      Section 1: Basic Agreement

       MCRC agrees to function as the lead agency and "bidder" for services relating to traffic signal
maintenance throughout the Municipalities who jointly undertake duties and responsibilities hereunder
as evidenced by their execution thereof. Furthermore, MCRC agrees to make payments, on behalf of
Municipalities, to the successful contractor for services performed pursuant to such agreement, subject
to reimbursement as hereinafter set forth.




                                              1
                               Section 2: Specifications/Request for Proposal

        Attached hereto and incorporated herein as Exhibit A are specifications and request for
proposal as have been prepared for lead agency MCRC.                  By execution of this agreement, all
Municipalities acknowledge that they have read and fully understand such specifications and request
for proposal and are in agreement with MCRC proceeding to award contract, subject to execution of
this agreement by respective Municipalities.

                  Section 3: Disbursements/Payments, Reimbursements, and "Reserve"

        Parties agree that MCRC shall assume responsibility for making payments to contractor on
behalf of contracting Municipalities, properly allocating costs to that Municipality for whom the
services were performed.       In consideration of this agreement by MCRC, Municipalities agree to
provide an initial "Reserve" in the amount of 1112th of previous year's contracted annual cost. The
annual cost is being calculated based upon monies expended by Municipalities collectively prior to
initiation of this arrangement. The purpose of the "initial reserve" is to avoid substantial carrying costs
which would otherwise have to be borne by MCRC pending repayment or reimbursement from
Municipalities.
        Municipalities agree to reimburse MCRC for their proportionate responsibility of any costs
which have been incurred within 14 days of evidence of payment from MCRC.
        Finally, Municipalities agree to a negotiated payment of overhead costs to MCRC in the
amount of fifteen percent (15%) overhead on all amounts paid by MCRC to contractor.

                                    Section 4: Duration of Agreement

        Parties agree that this agreement shall continue for a period of one year and may automatically
be renewed for an additional one year period without formally executing an amendment hereto.
Notwithstanding, any Municipality may elect, subject to any limitations which may be imposed
pursuant to MCRC bid agreement with contractor, to withdraw from this agreement by providing sixty
(60) days written notice of said intent to MCRC and other participating Municipalities.

                                        Section 5: Responsibilities

       Nothing contained within this Agreement shall in any way create, modify, or abrogate, in
whole or in part, the jurisdiction of duties, responsibilities, and obligations of either party to each other,
the general public or any party to this Agreement. It is the intention of the parties that this document


                                               2
describe and obligate the parties only to the terms of this Agreement concerning the contribution of
costs incurred for the operation, maintenance, modification and/or replacement of the traffic signal.
                                      Section 6: Entire Agreement

       That this document constitutes the entire agreement of the parties and that it may only be
amended or modified by written agreement executed by the parties themselves.
                                    Section 7: Rules of Construction

       The parties to this Agreement also acknowledge and agree that:
               (i)     Each party and the party's counsel has reviewed and negotiated, or has had the
                       opportunity to review and negotiate, the terms and provisions of this Agreement
                       and have contributed to its review and revision;
               (ii)    Any rule of construction to the effect that any ambiguities are resolved against
                       the drafting party shall not be used to interpret this Agreement; and
               (iii)   The terms and provisions of this Agreement shall be construed fairly as to all
                       parties to this Agreement and not in favor of or against any party, regardless of
                       which party was generally responsible for the preparation of this Agreement.
                                               Section 8: Notices

       All notices, requests, consents and other communications under this Agreement shall be in
writing, shall be addressed to the receiving party's address set forth below or to any other address a
party may designate by notice under this Agreement, and shall be either:
               (i)     Delivered by hand;
               (ii)    Sent by facsimile or electronic mail, and mailed promptly by certified mail,
                       return receipt requested, postage prepaid, or;
               (iii)   Sent by nationally recognized overnight courier:
               If to City to:                                 With a copy to:

               City of Norton Shores                          Douglas M. Hughes
               4814 Henry Street                              Williams, Hughes & Cook, PLLC
               Norton Shores, MI 49441                        120 W. Apple Avenue
               Facsimile: (231) 798-7234                      P.O.Box 599
               Telephone: (231) 799-6803                      Muskegon,MI 49443-0599
               Attention: Jerry Bartoszek                     Telephone: (231) 726-4857
               E-Mail: jbartoszek@nortonshores.org            Facsimile: (231) 727-2130
                                                              E-Mail: domrhughes@whcspc.com



                                              3
               If to Muskegon County Road Commission: With a copy to:

               Muskegon County Road Commission                Stephen C. Corwin
               Kenneth Hulka, Director                        Corwin Law & Consulting PLC
               7700 E. Apple Avenue                           297 W. Clay Ave., Apt. 101
               Muskegon, MI 49442                             Muskegon, MI 49440
               Telephone: 231-788-2381                        Telephone: 231-726-6000
               Facsimile: 231-788-5793                        Facsimile: 231-726-5101
               E-Mail: - - - - - - - -                        E-Mail: _ _ _ _ _ _ _ __

               If to City of Roosevelt Park:                  With a copy to:

              City of Roosevelt Park                         Steven F. Stapleton
              W. David Boehm, Manager                        Law, Weathers & Richardson, P.C.
              900 Oakridge Road                              800 Bridgewater Place
              Muskegon,MI 49441                              333 Bridge St., N.W.
              Telephone: (231) 755-3721                      Grand Rapids, MI 49504-5360
              Facsimile: (231) 755-1442                      Telephone: (616) 732-1720
              E-Mail:                                        Facsimile: (616) 913-1220
                          ------                             E-Mail:
                                                                       ---------
              Ifto City ofMuskgon:                           With a copy to:

              City of Muskegon                               John C. Schrier
              Bryon Mazade, Manager                          Parmenter O'Toole
              933 Terrace Street                             P.O. Box 786
              P.O. Box536                                    Muskegon, MI 49443-0786
              Muskegon, MI 49443-0536                        Telephone: (231) 722-1621
              Telephone: (231) 724-6705                      Facsimile: (231) 722-7866
              Facsimile: (231) 724-4178

All notices, requests, consents and other communications under this Agreement shall be deemed to
have been given either:
              (i)     If by hand, at the time of the delivery of the notice to the receiving party,
              (ii)    If by facsimile or electronic mail, at the time that receipt of the facsimile or
                      electronic mail has been acknowledged by electronic confirmation or otherwise,
                      or if no conf=ation is received, on the fifth day following the day a hard copy
                      of the transmission is mailed by certified mail, or,
              (iii)   Ifby overnight courier, on the next business day following the day the notice is
                      delivered to the courier service.




                                               4
Any party, by notice to the other parties to this Agreement, may designate additional or different
addresses for subsequent notices or communications.
                                        Section 9: Modification
       The terms and provisions of this Agreement may not be waived, or consent for the departure
from the terms and provisions may be granted, only by written document executed by the parties.
                                      Section 10: Governing Law
       This Agreement and the rights and obligations of the parties under this Agreement shall be
governed and interpreted by Michigan law, without giving effect to the conflict oflaw principles of the
State of Michigan.
                               Section 11: Execution and effective date

       This agreement shall be deemed effective as of the date set forth above. This agreement may
be executed in mutual counterparts.


       IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date set

forth above.



          j

                                                             Approved:
For Muskegon County Road Commission                          Michigan Department of Transportation




                                                            [:

                                                             For City of Norton Shores, Michigan




For City of Roosevelt Park, Michigan
Date:         July 8, 2008
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Consideration of Bids
              Grand Ave. Watermain (W-708)


SUMMARY OF REQUEST:
Award the contract for the watermain construction in Grand Ave. from Terrace to East
Alley to Felco Contractors, Inc. of Muskegon since they were the lowest, responsible
bidder with a bid price of $65,439.


FINANCIAL IMPACT:
The construction cost of $65,439 plus engineering cost which is estimated at an additional
15%.

BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Award the contract to Felco Contractors, Inc.



COMMITTEE RECOMMENDATION:




O:\ENGINEERING\COMMON\2008 PROJECTS MASTERIPROJECTSIGRAND WM TERRACE W TO
ALLEY\WORDICONAWA Grand (W-708) 07-8-08.doc
                                                                        W-708 GRAND AVE., WATERMAIN         & SANITARY SEWER UPGRADES IN ALLEY EAST OF HOYT ST. TO TERRACE ST.
                                                                                                                     .BIO T~BULATION. 07/01/08
                                                                CONTRACTOR                                FElCO CONTRACTORS, INC        MCCORMICK SANO, INC.             Cl TRUCKING               Mil.BOCKER & SONS            JACKSON-MERKEY            OOUSLE L ENTERPRISES             DAN HOE EXCAVATING          WYOMING EXCAVATORS
                                                                     ADDRESS          ENGINEER'S              856 PULASKI AVE.            5430 RUSSELL RD.          555 E. WESTERN AVE.                1266 29TH ST.           S55 E. WESTERN AVE.       5216 INOUSTRIAL PARK OR.            13664 ROCKY'S RO             9580 SMILE RO.
                                                                   CITY/ST/ZIP         ESTIMATE             MUSKEGON Ml 49441            TWIN LAKE Ml 49457         MUSKEGON Ml 49442              ALI.EGAN Ml 49010           MUSKEGON M! 49442           MONTAGUE Ml 4!)437                HOU.ANO Ml 49424               ADA Ml49301

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                                                                                                                                                                                              S     2
                                                                                                                                                                                                      120.00 $
                                                                                                                                                                                                    •oo.on s
                                                                                                                                                                                                                      480.00 $   110.00 $
                                                                                                                                                                                                                    2 300.DO $ • 060.00 $
                                                                                                                                                                                                                                               440.00
                                                                                                                                                                                                                                             2060.00
                                                                                                                                                                                                                                                         $   206.00
                                                                                                                                                                                                                                                         $ 2 465.00
                                                                                                                                                                                                                                                                      $
                                                                                                                                                                                                                                                                      $
                                                                                                                                                                                                                                                                             820.00
                                                                                                                                                                                                                                                                           2465.IXl
                                                                                                                                                                                                                                                                                       $
                                                                                                                                                                                                                                                                                       $
                                                                                                                                                                                                                                                                                              100.00 $
                                                                                                                                                                                                                                                                                            2 200.00 $
                                                                                                                                                                                                                                                                                                            400.00
                                                                                                                                                                                                                                                                                                          2200.00
                                                                                                                                                                                                                                                                                                                     $   118.00 S
                                                                                                                                                                                                                                                                                                                     $ 2..141.00 $
                                                                                                                                                                                                                                                                                                                                        472.00
                                                                                                                                                                                                                                                                                                                                      2..141.00

                                                                          ,..
 8   MANHOLE CASTING E.J.#1046 OR EQUAL                          EACH             $400.00       $800.00   $   SOMO $       1 000.00   $   611.00 $    1 022.00    $    670.00 S    1140.00    S       777.00 S     1 554.00 $    310.00 $      620.00    $   607.00   S    1214.00     $      525.00 $    1 050.00   $   540.00 S     1 080.00

                                                                          ,..
 9   MANHOLE STO. O' -10• 4' 1.0.                                EACH           S1 S00.00     S3 000.00   $ 1 600.00 $     3 200.00   $ 1 988.00 $    3 976.00    $ 1 30.00 S      2 660.00   $     1800.00 $       3 600.00 $ 1 595.00 $    3 390.00    S 4 318.00   $    8 $36.00    $    3 000.00 $    6000.00    $ 3927.00 S      7 864.00
10   REMOVING MANHOLES                                           EACH             $300.00       $900.00   $   500.00 $     1 soo.oo   $   250.00 $      7S/J.OO   $    790.00 S    2 370.00   $       370.00 $     1110.00 $     820.00 $    2A50.00     $ 1500.00    $    4500.00     $      110.00 $      330.00   $   432.00 S     1 296.00

                                                                          ,.•                             s
11   SANITARY SEWER 8" SOR 36                                    L.FT.    30.0     $46.00     s1 •50.00         86.00 $    2 S80.00   $     25.00 $     750.00    $    160.00 $    4800.00    $        75.00 $      2250.00 $      60.00 $   1 800.00    $    41.00   $    1230.00     $       50.00 S    1 500.00   $     69.00 $    2.070.00

                                                                          ,..
12   SLEEVE LONG O.C,l, 16"" M.J.                                EACH           $1 000.00     $2 000.00   $   750.00 $     1500.00    $ 1 000.00 $    2000.00     $  2 190.00 S    4 380.00   S     1 800.00 $      3 600.00 $   970.00 $    1 940.00    $ 1 342.00   S    2 Ss-1.00   $    1100.00 $     2 200.00   $ 1 899.00 S     3 ~8.00

                                                                          ,.•
13   TEE D.C.l.16'"lc 16""x 6"" M.J.                             EACH           $1 000.00     $1 000.00   S 1 200.IXl $    1200.00    $ 1 433.00 $    1.433.00    $ 1520.00 $      1 520.00   S     1 300.00 S     1 300.00 $ 1 355.00 $     1 355.00    $ 1 519.00   $    1579.00     $    1 500.00 $    1 500.00   $ 1 569.50 $     1 669.50
14   TRAFFIC CONTROL                                             LUMP            $2 000.00    $2 000.00   S 2 000.00 $     2 000.00   $ 3710.IXl $    3 710.00    $ 2~50.00 $      2.150.00   $   10 000.00 S     10 000.00 $ 2 135.00 $     2..135.00   $ 3500.00    S    3 500.00    $    2 000.00 $    2000.00    $ 2..160.00 $    Z.160.00
15   TRENCH REPAIR LOCAL STREET TYPE I                           L.FT.   193.0     $40.00     $7720.00    $     72..00 $  13,896.00   $     44.68 $   8 623.24    $     52.00 $   10 036.00   $        66.00 S    12 738.00 $    113.00 $   21 609.00    $    as.co   s   17 177.00    $       76.00 $   14 475.00   $   147.50 $    28 467.50
16   TRENCH REPAIR LOCAL STREET TYPE Ill                         L.FT.    68.0     $40.00     $2 720.00   $     86.00 $    5 848.00   $    81.00 $    5 508.00    $     64.00 $    4 352.00   $        75.00 $      5100.00 $    105.00 $    7140.00     $   107.00   $    7 276.00    $       50.00 $    3 400.00   $     74.00 $    5 032.00

                                                                          ,.•
17   TRENCH REPAIR SPECIAL                                       L.FT.    84.0     $40.00     $3 360.00   S    26.00 $     2100.00    $     25.30 $   2126.20     $     17.00 $    1.428.00   $        32.00 $      2 698.00 $     37.00 $   3108.00     $    2B.OO   $    2 3S2.00    $       30.00 $    2 520.00   $     30.SO $    2 662.00

                                                                          ,.•
18   VALVE 6"" GATE M.J. WI SOX                                  EACH              $660.00      $660.00   S   780.00 $       780.00   $   849.00 S      aMJ.oo    $    710.00 S      710.00   $       720.00 $        720.00 $   713.00 $      713.00    $   782.00   $      782.00    $      950.00 $      950.00   $   sos.so $       808.50
19   VALVE 16" BUTTERFLY M.J. WI BO)(                                                         $2 000.00   $ 3 800.00 $     38D0,00    $ 3 090.00 $                $ 2 880.00 $     2 880.00   S     3100.00 S       3100.00 S 3 020.00 $     3 020.00      3142.00    S    3142.00     $    3 000.00 $    3000.M     $ 3144.00 S      3144.00
20   WATERMAIN 6" O.C.I. CL52
                                                                '-''"
                                                               I LFT.     15.0
                                                                                 $2 000.00
                                                                                    $6C.OO      $900.00   $     64.00 $      960.00   $    33.00 $
                                                                                                                                                      3 090.00
                                                                                                                                                        495.00    $     50.00 $      750.00   S        55.00 $        826.00 S     83.15 $   1 247.25
                                                                                                                                                                                                                                                         $
                                                                                                                                                                                                                                                         $    61.00   $      915.00    $       60.00 S      760.00   $     71.SQ S    1 072.50
21   WATERMAIN 16"' o.c.1. CL52                                ! L.FT. 196.0        $60.00    $9 7S0.00   S    71.00 $    13 845.00   $   125.00 $       75.DO    S    130.00 S   25 350.00   $        96.00 $    18 525.00 $    120.00 $   23 400.00    $   129.00   $   25 15S.OO    $      200.00 $   39 000.00   $   189.00 $    36 855.00

                                                                          ,.•
                                                               i l.FT. 110.0
22   WATER SERVICE 1"" TYPE "K" COPPER                                              $20.00    $2 200.00   $     12.00 $    1320.00    $    14.10 $    1 551.00    $     16.00 $    1 760.00   S        20.00 $     2 200.00 $      16.90 $   1 859.00    $    30.00   $    3 300.00    $       40.00 $    4 400.00   $     64.S/J $   6 995.00
23   WATER VALVE BOX COMPLETE                                    EACH              $300.00      $600.00   $   300.00 $       600.00   $   283.00 $      566.00    $    190.00 $      380.00   S       280.00 $        560.00 $   255.00 $      510.00    $   200.00   $      400.00    $      276.00 $      550.00   $   205.50 S       411.00

                                                    SUBTOTAL                                 $49 350.00

                                                       TOTAL                                 $49 360.00
                                                                                                                      '   65 439,00               $   69 907.44               $   75 426.00                 $    80 520.00
                                                                                                                                                                                                                                        '    85 251.25
                                                                                                                                                                                                                                                                      '   93 420.00
                                                                                                                                                                                                                                                                                                     '   95 000.00                $    116299.50




                                                                                                                                                                                                                                                                                                                                      10F1
Date:        July 8, 2008
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Roof Improvements/Replacement@ City Hall


SUMMARY OF REQUEST:
Award the base bid portion of the contract to replace the roof at the south westerly section
of City Hall (Police department) to Ostrander Siding & Roofing Company out of Belding
since they were the lowest responsible bidder with a bid price of $29,900.


FINANCIAL IMPACT:
The construction cost of $29,900.

BUDGET ACTION REQUIRED:
None. This project was budgeted for in the 2008 CIP.



STAFF RECOMMENDATION:
Award the contract to Ostrander Siding & Roofing Company



COMMITTEE RECOMMENDATION:
              CITY HALL ROOF IMPROVEMENTS
                       BIDS AS READ 06/19/08
                 CONTRACTOR                         BID AMOUNT
                                          ROOFING            ALTERNATES
                                          (15 yr warranty)       (30 yr warranty)




1 Ostrander Siding and Roofing            $ 29,900.00        $       37,500.00

2 East Muskegon Roofing and Sheet Metal   $ 40,450.00        $       49,475.00

3 Allied Roofing & Siding                 $ 41,416.00        $       48,916.00
                          AGENDA ITEM NO. _ _ _ _ _ _ __

               CITY COMMISSION MEETING _ _ _ _ _ _ _ __




TO:        Honorable Mayor and City Commissioners

FROM:      Bryon L. Mazade, City Manager

DATE:      July 1, 2008

RE:        City Manager Employment Agreement Amendment




SUMMARY OF REQUEST:
To approve an amendment to the City Manager's employment agreement relating to retirement
requirements.



FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the proposed amendment and authorize the Mayor and Clerk to sign the revised
agreement.



COMMITTEE RECOMMENDATION
None.
                                            EMPLOYMENT AGREEMENT

                                CITY OF MUSKEGON - BRYON L. MAZADE
                                          Effective July 1, 2008

         This employment agreement is made and entered into by and between the CITY OF

MUSKEGON ("CITY") and BRYON L. MAZADE ("MANAGER").


                                                              Recitals

         A.         The CITY desires to employ the services of MANAGER as the City Manager of

the City of Muskegon as provided in the Charter of the City of Muskegon and desires to establish

conditions of employment, provide certain benefits and set working conditions for said

MANAGER.

         B.         MANAGER desires to maintain the employment as City Manager of the City of

Muskegon in accordance with the terms and provisions of the Agreement.

         C.         This Agreement supersedes all prior agreements.


                                                            Agreement

         NOW THEREFORE, THE CITY AND MANAGER AGREE AS FOLLOWS:

          1.        EMPLOYMENT. CITY employs MANAGER as City Manager to perform the

functions and duties specified in the City Charter and ordinances and to perform such other

legally permissible and proper duties and functions as the City Commission may, from time to

time, assign, and MANAGER accepts such employment.

                    MANAGER agrees to remain in the employ of the CITY until termination is

effected as hereinafter provided. MANAGER agrees to devote full time to his duties as City

Manager. MANAGER may undertake other incidental employment, subject to the right of the

City to require Manager to terminate other incidental employment.


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         2.         SALARY. Effective July 1, 2008, CITY agrees to pay MANAGER as

compensation for services rendered an annual salary of$ __ per year. MANAGER shall be

entitled to cost of living adjustments approved by the City Commission for department heads on

the first of each year.

          3.        PENSION. It is understood by MANAGER that he will remain a member of the

Municipal Employees retirement System (MERS), formerly the City's General Employees

Retirement System, and remain eligible for all benefits thereunder.

          4.        FRINGE BENEFITS. In addition to the base salary and deferred compensation

established for MANAGER, CITY shall afford MANAGER the following:

                    (a)        Sick Leave. The existing sick leave bank shall be continued, and shall

continue to accrue at one (1) day per month, up to a maximum of 120 days.

                    (b)        Disability Insurance. During employment, a disability insurance policy

providing benefits for lost compensation until age sixty-five (65).

                    (c)        Holidays. Eleven (11) holidays per annum.

                    (d)        Vacation. For each calendar year MANAGER shall be entitled to five

weeks vacation. Vacation time may be accumulated and carried over to subsequent years, except

that vacation time in excess of four weeks shall not be carried over and shall be lost.

                     (e)       Life Insurance. A term life insurance policy during employment in the

amount provided for exempt employees.

                     (f)       Automobile Allowance. An annual automobile allowance of $6,750 for

mileage shall be provided and payable in the 26 pay periods. In addition, there shall be

reimbursement for mileage at the standard City rate for a round trip of 100 miles or more on

behalf of the CITY.



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                                                                    2
                   (g)        Hospitalization Insurance. Coverage under the CITY'S hospitalization and

dental plan for MANAGER, MANAGER'S wife and children. MANAGER and MANAGER'S

dependents will, however, be subject to plan amendments adopted from time to time by the City

Commission.

                   (h)        Membership Dues and Expenses. Payment of annual ICMA membership

dues and payment of expenses to attend ICMA conferences within the State of Michigan.

Payment of the expenses to attend the annual ICMA conference. All other out of state

conferences must receive prior consent of City Commission.

                   (i)        Civic Organizations. CITY will pay or reimburse MANAGER for

membership dues and fees in one civic organizations, i.e. Rotary, Lions Club, etc., subject to the

City's ability to review and eliminate this benefit.

                    (j)       Miscellaneous. In addition to the fringe benefits set forth above, and to

the extent that this subparagraph does not duplicate or conflict with the above fringe benefits,

(which shall prevail), the MANAGER shall have the same fringe benefits as are available to the

highest level department heads employed by the CITY from time to time.

         5.         TERM. It is understood by both CITY and MANAGER that employment may be

terminated at the will of either party.

         6.         SEVERANCE PAY UPON TERMINATION BY CITY. IfCITY terminates

MANAGER'S employment, or if termination occurs pursuant to section 8 (except the last

paragraph thereof), MANAGER shall receive the following:

          a)        severance pay in an amount equal to seven (7) months' salary;

          b)        50% of any unused sick leave pay and payment for unused vacation time earned

                     in that calendar year to the date of termination; and



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                                                                    3
          c)        the City shall adopt any and all ordinances and resolutions, and authorize the

                    execution of any and all necessary documents to provide Manager with a F50

                    retirement benefit, i.e., establishing eligibility for retirement at age 50 years with a

                    required period of credited service of 25 years. The FS0 retirement eligibility

                    shall be made effective the day prior to the last day of employment of Manager

                    and Manager shall have the option of retiring pursuant to the FS0 retirement

                    eligibility. If Manager is over the age of 55 years at the time of termination,

                    subparagraph (c) is void.

          7.        TERMINATION OF EMPLOYMENT BY MANAGER. MANAGER may

terminate employment at any time after providing the CITY with a thirty (30) day notice.

          8.        SEVERANCE PAY UPON TERMINATION BY MANAGER. In the event the

CITY refuses, following written notice, to comply with any material provisions of this agreement

which financially benefit MANAGER, or MANAGER resigns following the simultaneous

suggestion, whether formal or informal, by a majority of the members of the City Commission

that he resign, then, in that event, the MANAGER may at his option be deemed to be terminated

at the date of such failure to comply or simultaneous suggestion. In such case, the MANAGER

shall be deemed to have been terminated by the CITY and entitled to the severance benefits set

forth above.

                    In the event the MANAGER terminates his employment for reasons other than

those stated in this paragraph, he shall receive one-half (1/2) of his unused sick leave bank and

all earned vacation pay for that calendar year, but no other severance pay or benefit, except as

required by law.




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          9.        MERGER OF NEGOTIATIONS. This agreement constitutes the entire contract

of employment between CITY and MANAGER. No statement, promise, agreement, or

obligation that conflicts with the terms of this agreement shall modify, enlarge, or invalidate this

agreement or any provisions hereof.

          IN WITNESS WHEREOF, the CITY and MANAGER have executed this agreement this

  :;?f/2 day of         J"0lcJ              , 2008.




WITNESSSES:




                                                                          MAN GER-



   L,nd<a.          /otter




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                                                                    5
                           AGENDA ITEM NO. _ _ _ _ _ _ __

                CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __



TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       July 1, 2008

RE:         Salary Range Adjustments



SUMMARY OF REQUEST:
To make changes to various non-represented salary ranges.




FINANCIAL IMPACT:
Approximately $30,000 in salaries and benefits. However, there have been savings to fully
offset these increases.



BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION
To approve the recommended changes.




COMMITTEE RECOMMENDATION
None.




pb\AGENDAISALARY RANGE ADJUSTMENTS 070108
                                                                                        PROPOSED
                                                                                          2008
                                                                   NON-REPRESENTED EMPLOYEES SALARY SCHEDULE

SALARY SCHEDULE
11 STEPS


CLASSIFICATION                       STEP 1            STEP 2         STEP 3   STEP4      STEP 5   STEP 6   STEP7    STEP8    STEP 9   STEP10    STEP 11

RANGE I -A                            74,307           76,784         79,261   81,738     84,215   86,692   89,168   91,645   94,122   96,599     99,076


RANGE I - B                           68,095           70,366         72,635   74,906     77,175   79,446   81,715   83,986   86,255   88,526     90,796


RANGE II -A                           62,886           64,982         67,078   69,174     71,270   73,367   75,464   77,560   79,656   81,752     83,848


RANGE II - B                          60,246           62,247         64,247   66,248     68,248   70,249   72,250   74,250   76,251   78,251     80,253



RANGE Ill -A                          57,607           59,511         61,416   63,321     65,226   67,130   69,036   70,940   72,844   74,750     76,654


RANGE Ill -8                          53,556           55,341         57,126   58,912     60,697   62,482   64,267   66,052   67,838   69,623     71,408


RANGE IV                              49,623           51,277         52,931   54,585     56,239   57,892   59,547   61,200   62,854    64,508    66,162


RANGEV                                47,495           49,079         50,662   52,245     53,829   55,413   56,996   58,580   60,163    61,747    63,330


RANGE VI                              44,513           45,996         47,480   48,963     50,447   51,930   53,414   54,898   56,382    57,866    59,349


RANGE VII -A                          41,198           42,572         43,946   45,319     46,693   48,066   49,440   50,813   52,187    53,561    54,934


RANGE VII - B                         38,663           39,952         41,242   42,531     43,820   45,110   46,399   47,688   48,977    50,267    51,556


RANGE VIII                            36,476           37,692         38,908   40,125     41,341   42,556   43,772   44,989   46,205    47,421    48,638


RANGE IX                              32,142           33,213         34,284   35,356     36,427   37,499   38,570   39,641   40,713    41,784    42,856


RANGE X                               29,808           30,802         31,795   32,790     33,783   34,777   35,771   36,765   37,758    38,753    39,746


RANGE XI                              27,143           28,048         28,954   29,858     30,763   31,668   32,573   33,477   34,383    35,288    36,193


pb\E>eelLl\2006 NON-REP SALARIES 07208 FOR AGENDAIPROPOSEO STEPS
                                                       PROPOSED
                            ADMINISTRATIVE/TECHNICAL/PROFESSIONAL/SUPERVISORY
                                                     SALARY RANGES
                                                 EFFECTIVE 7/1/2008


                                                              MINIMUM SALARY    MAXIMUM SALARY


RANGE 1-A                                                              74,307            99,076


Director of Public Safety
Finance Director
Public Works Director


RANGE 1-B                                                              68,095            90,796


City Engineer/Deputy Director of Public Works
Community/Economic Development Director


RANGE II -A                                                            62,886            83,848




RANGE 11- B                                                            60,246            80,253


City Treasurer
Income Tax Administrator/Deputy Treasurer
Information Systems Director


RANGE Ill -A                                                           57,607            76,654


Civil Service/Personnel Director
Deputy Director of Public Safety for Fire Services


RANGE Ill - B                                                          53,556            71,408


Assistant Finance Director
City Clerk
Community & Neighborhood Services Director


RANGE IV                                                               49,623            66,162




RANGEV                                                                 47,495            63,330


Affirmative Action/Risk Management Director
Water Filtration Plant Supervisor
                                                                     MINIMUM SALARY                 MAXIMUM SALARY

RANGE VI                                                                           44,513                    59,349

Superintendent of Public Works
Superintendent of Public Utilities

RANGE VII - A                                                                     $41,198                   $54,934

Cemetery/Forestry Supervisor
Database Administralor
Equipment Supervisor
Highway Supervisor
Network Technician
Parks Supervisor
Planner Ill/Zoning Administrator
Public Utilities Supervisor
Recreation/Marina Supervisor
Special Operations Supervisor

RANGE VII - B                                                                     $38,663                   $51,556




RANGE VIII                                                                        $36,476                   $48,638

Administrative Services Supervisor - DPW
Code Coordinator
Deputy City Clerk
Income Tax Auditor
Planner II
Police Community Coordinator
Police Records Supervisor
Resource Recovery Coordinator

RANGE IX                                                                          $32,142                   $42,856

Building Maintenance Supervisor
Planner I
Secretary to the City Manager

RANGEX                                                                            $29,808                   $39,746

Finance Clerk
Administrative   Secretary - Administration
Administrative   Secretary - CNS
Administrative   Secretary - Planning
Administrative   Secretary - Fire
Administrative   Secretary - Civil Service
Administrative   Secretary - Police

RANGE XI                                                                          $27,143                   $36,193

City Hall Building Maintenance Worker


pb\Excel\2008 NON-REP SALARIES 07208 FOR AGENOA\PROPOSEO POSITIONS & RANGES w/ VACANT POSTNS RMVD

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