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CITY OF MUSKEGON CITY COMMISSION MEETING JULY 10, 2007 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA o CALL TO ORDER: o PRAYER: o PLEDGE OF ALLEGIANCE: o ROLL CALL: o HONORS AND AWARDS: o INTRODUCTIONS/PRESENTATION: o CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Liquor License Request- Pat's Road House, 157 S. Getty. CITY CLERK C. FIRST READING: Animal Ordinance Amendment. CITY MANAGER D. FIRST READING: Rescind Pension Ordinances. FINANCE o PUBLIC HEARINGS: o COMMUNICATIONS: o CITY MANAGER'S REPORT: o UNFINISHED BUSINESS: o NEW BUSINESS: A. FIRST READING: Proposed COLA for Retirees. FINANCE B. FIRST READING: Smoking at Pere Marquette Beach. CITY MANAGER o ANY OTHER BUSINESS: o PUBLIC PARTICIPATION: • Reminder: Individuals who would like to address the City Commission shall do the following: • Fil! 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 O minutes if previously registered with City Clerk.) • ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. Date: July 10, 2007 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, June 26 th . FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JULY 10, 2007 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 10, 2007. Mayor Warmington opened the meeting with a prayer from Elder George Monroe from the Evanston Avenue Baptist 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, Commissioner Kevin Davis, Clara Shepherd, Lawrence Spataro, Sue Wierenga, and Chris Carter, Acting City Manager Tim Paul, City Attorney John Schrier, and City Clerk Ann Marie Becker. 2007-57 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 26 th • FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of minutes. B. Liquor License Request - Pat's Road House. 157 S. Getty. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from TPWS, Inc. of 157 S. Getty Street to enlarge the existing outdoor service area to its existing 2007 Class C-SDM licensed business with Dance-Entertainment Permit, Outdoor Service (l Area) and 2 Bars. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval. E. Resignation and Appointments from Various Boards. CITY CLERK SUMMARY OF REQUEST: The Community Relations Committee recommends that the following resignations be accepted and appointments be made: Land Reutilization Committee - Resignation of Michael Amrhein DDA - Resignation of Jessica Elsey Citizens Police Review Board - Resignation of Quinlan Cooley, appoint Barbara Kuipers, resident District Library Board - Death of Craig V. Brown Equal Opportunity Committee - Vacancy for Citizen, appoint Willie German, Jr., resident Motion by Commissioner Carter, second by Commissioner Davis to approve the Consent Agenda minus items C and D. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis, and Gawron Nays: None MOTION PASSES 2007-58 ITEMS REMOVED FROM THE CONSENT AGENDA: C. FIRST READING: Animal Ordinance Amendment. CITY MANAGER SUMMARY OF REQUEST: To amend the City's Animal Control Ordinance to require dogs and cats to be under restraint, except for a service animal performing its duties or in training. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None COMMITTEE RECOMMENDATION: The City Commission requested this amendment at their Worksession on June l l, 2007. Motion by Commissioner Spataro, second by Commissioner Carter to approve the amendment to the City's Animal Control Ordinance. ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES D. FIRST READING: Rescind Pension Ordinances. FINANCE SUMMARY OF REQUEST: The transfer of pension assets and retirement system administration to the Municipal Employees Retirement System of Michigan (MERS) makes it unnecessary to maintain local pension ordinances on the books. The ordinance repeals the City's former pension ordinances. FINANCIAL IMPACT: Some savings from reduced confusion and ordinance indexing. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve the ordinance. Motion by Commissioner Spataro, second by Commissioner Carter to approve the rescinding of the pension ordinances. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and Shepherd Nays: None MOTION PASSES 2007-59 NEW BUSINESS: A. Proposed COLA for Retirees. FINANCE SUMMARY OF REQUEST: One of the considerations made when we moved to MERS was that we would mimic as closely as possible the pension COLA program in place since the mid-1990's within the structure of MERS. In a nutshell, the old COLA program provided permanent cost of living increases to pensioners retired five years or more that were capped at 75% of the CPI. COLA's were payable only in years when investment performance exceeded actuarial estimates (8%). Due to lagging investment performance, no COLA payments have been made for the last two years. Investment performance has improved and, at this time, we are recommending approval of a 1.80% COLA increase payable to pensioners retired five years or more as of 1/1/07. Standard MERS practice is to implement COLA provisions each January, but they have agreed to implement this COLA for us as of July 1. We recommend the COLA be divided into two equal parts with 0.90% awarded 7/1 /07 and 0.90% awarded 1/1 /08. Future COLA increases would then be made in January, if warranted. The 1.80% COLA is based on a MERS actuarial review of investment performance, change in the CPI for 2006 and staff discussions with actuaries concerning the financial condition of the account. FINANCIAL IMPACT: The proposed COLA adjustment will increase the accrued liability of the retirees' account $546,870 and leave the account just over 101 % funded. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize MERS to pay a 1.80% COLA to retirees retired five years as of 1/ 1/07, payable in two equal parts July 1, 2007 and January 1, 2008. Authorize future COLA adjustments to be made effective each January l with the next COLA review being January 1, 2009. Motion by Commissioner Spataro, second by Commissioner Davis to approve the proposed COLA for retirees. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga, Carter, and Davis Nays: None MOTION PASSES B. FIRST READING: Smoking at Pere Marquette Beach. CITY MANAGER SUMMARY OF REQUEST: To approve an ordinance to prohibit smoking at Pere Marquette Beach from the pier sidewalk south to the handicap walk. FINANCIAL IMPACT: Minimal costs associated with enforcement of ordinance. BUDGET ACTION REQUIRED: None COMMITTEE REC OMMEN DA TION: The City Commission approved the concept at their June Worksession. Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve the ordinance to prohibit smoking at Pere Marquette Beach from the pier sidewalk south to the handicap walk. ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro Nays: None MOTION PASSES C. Fireworks Display - Bike Time. CITY CLERK SUMMARY OF REQUEST: Bike Time is requesting approval of a fireworks display during the Poison concert at Heritage Landing on July 22nct. Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and approval of the insurance. Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve the Bike Time request for fireworks during the Poison concert at Heritage Landing on July 22nd. ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Carter Nays: None MOTION PASSES PUBLIC PARTICIPATION: Muskegon Rescue Mission is celebration their l 00 th Anniversary by having a birthday party July 21 st . ADJOURNMENT: The City Commission Meeting adjourned at 5:57 p.m. Respectfully submitted, Ann Marie Becker, MMC City Clerk Date: July 1 0, 2007 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Liquor License Request Pat's Road House, 157 S. Getty SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from TPWS, Inc. of 157 S. Getty Street to enlarge the existing outdoor service area to its existing 2007 Class C-SDM licensed business with Dance-Entertainment Permit, Outdoor Service (1 Area), and 2 Bars. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. Muskegon Police Department Anthony L. Kleibecker Director of Public Safety 980 Jefferson www . 111 uskegonpolice.com Phone: 231-724-6750 Muskegon, Michigan FAX: 231-722-5140 49443-0536 June 29, 2007 To: City Commission through the City Manager From: L . l~ ony L. Kleibecker, Director of Public Safety Re: Liquor License Request - 157 S. Getty Street, Muskegon, MI. Request to Enlarge Existing Outdoor Service Area The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation of applicant TPWS, Inc. of 157 S. Getty Street, comprised of Steven Seng. TPWS, Inc . is requesting to enlarge the existing outdoor service area to its existing 2007 Class C -SDM licensed business with Dance-Entertainment Permit, Outdoor Service (1 Area), and 2 Bars located at 157 S. Getty Street, Pat's Road House Bar. Steven Seng has experience in the alcohol service industly and is aware of the Muskegon Police Department' s position on enforcing local alcohol laws and ordinances. A check of Muskegon Police Department records showed no reason to deny this request. ALK/kd To: Tony Kleibecker, Director of Public Safety From: Det. Kurt Dykman Date: 6-22-07 Re: Liquor License Service Area ChiefKleibecker, The Muskegon Police Department has received a request from the Michigan Liquor Control Commission for an investigation from applicant TPWS, Inc. of 157 S. Getty Street, Muskegon, ML 49442 which is comprised of applicant Steven Seng. TPWS, Inc. is requesting to Enlarge Existing Outdoor Service Area to its existing 2007 Class C-SDM licensed business with Dance-Entertainment Permit, Outdoor Service (1 Area), and 2 Bars located at 157 S. Getty (Pat's Road House Bar). A check of MPD records showed no reason to deny this request. Respectfully submitted, Det. Kurt Dykman data/common/liquor/TWPS 07 0 7- 7 / ) Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 Request ID# 4ec1=8=07~2~-- Lansing, Michigan 48909-7505 Business ID# 160125 LAW ENFORCEMENT RECOMMENDATION (/ri'i·cJ7 [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403] May 14, 2007 TO: MUSKEGON POLICE DEPARTMENT CHIEF OF POLICE 980 JEFFERSON STREET, PO BOX 536 MUSKEGON, Ml 49443-0536 Re: TPWS, INC. REQUESTS TO ENLARGE EXISTING OUTDOOR SERVICE AREA IN 2007 CLASS C-SDM LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, OUTDOOR SERVICE (1 AREA), AND 2 BARS, LOCATED AT 157 S. GETTY, MUSKEGON, Ml 49442, MUSKEGON COUNTY. CONTACT: STEVEN L. SENG, TREASURER (231)329-1551 We have received a request from the above licensee for the type of permit indicated below. Please make an investigation and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this request should be directed to the MLCC Licensing Division at (517) 322-1400. • OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR: Weekdays A.M. to A.M. Sundays A.M. to A.M./P.M. D Recommended D Recommended, subject to final inspection D Not Recommended NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you must complete the box below. If additional space is needed please use reverse side of this form. • OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR: Weekdays A.M. to A.M. Sundays A.M. to A.M./P.M. D Recommended D Recommended, subject to final inspection D Not Recommended • DANCE PERMIT • Recommended D Recommended, subject to final inspection D Not Recommended • ENTERTAINMENT PERMIT D Recommended D Recommended, subject to final inspection D Not Recommended Law l=nforcernent Recommendation (cont'd) /le;a_ 1./t..i. 1= Se.../".....11,.. e.. . . . . o.____li....._, c ..... t'q Deadline for receipt of all information: _ _ _ _ __ _ _ _ __ _ __ Public Safety Approved D Denied D No Action Needed D Income Tax Approved D Owing D Amount: Treasurer Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA • Clerk's Approved D Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D . Department Signature_ _ _ _ _ _ _ __ __ __ __ _ _ _ __ Please return to the City Clerk's Office Gail A. Kundinger, Liquor License Coordinator LIQUOR LICENSE REVIE\V FOR1,1 Business Name: J:/ /JJ S Le. ----,.~""""'----=;;..,..7----==""-......,.._ _ _ _ _ _ _ _ _ _ _ __ AKA Business Name (if appJica ble): _ _&=a..:...1....~'------Jro'-1-,¥._o....,J!.,.___J/i,_,_..o~u.__..._,.S.....e.....__ ~ Opera tor/Manager's Name_: ---=5;;......t~e_.._,J...i..e...;../J..____._ ,S...... e.;..arJ:.,.,,fZ-.,____ _ _ __ ? Business Address: ISZ S. Reason for Review: New License D Transfer of Ownership D Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder Name D New Entertainment Permit D oG,. .,. ._9.. .,. eo<.. <'.__e=.,.x.....1-=~'--'f~r....a.j;.,,_...p-;_. . o. .....u......h.....0.....l_..o-o.... Other ___L__._/1...../2.__...... c _..... 1 =-'e C......11,.... s-$....f.... .....~__.9.........../'(~"'q Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __ Public Safety Approved D Denied D No Action Needed D Income Tax Approved g{' Owing D Amount: Treasurer Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA 0 Clerk's Approved D Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D Department Signature Please return to the City Clerk's Office ~ .,,,,si,J &2l-- Gail A. Kundinger, Liquor License Coordinator Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 7150 Harris Drive, P.O. Box 30005 Request ID# 4'-'1"'-8""'07'-'2~~~ Lansing, Michigan 48909-7505 Business ID# 160125 LAW ENFORCEMENT RECOMMENDATION [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403) (,rl"i·o 7 'T1114- May 14, 2007 TO MUSKEGON POLICE DEPARTMENT CHIEF OF POLICE 980 JEFFERSON STREET, PO BOX 536 MUSKEGON, Ml 49443-0536 Re: TPWS, INC. REQUESTS TO ENLARGE EXISTING OUTDOOR SERVICE AREA IN 2007 CLASS C-SDM LICENSED BUSINESS WITH DANCE-ENTERTAINMENTPERMIT, OUTDOOR SERVICE(TAREA), AND 2BARS;LOCATED-AT 157 S. GETTY, MUSKEGON, Ml 49442, MUSKEGON COUNTY. CONTACT: STEVEN L. SENG, TREASURER (231)329-1551 We have received a request from the above licensee for the type of permit indicated below. Please make an investigation and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this request should be directed to the MLCC Licensing Division at (517) 322-1400. • OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR: Weekdays A.M. to A.M. Sundays A.M. to A.M./P.M. D Recommended D Recommended, subject to final inspection D Not Recommended NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you - must complete the box below. If additiOnal space is needed please use ·reverse side of this form. . • OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR: Weekdays A.M. to A.M. Sundays A.M. to A.M./P.M. D Recommended D Recommended, subject to final inspection D Not Recommended • DANCE PERMIT • Recommended D Recommended, subject to final inspection D Not Recommended • ENTERTAINMENT PERMIT D Recommended D Recommended, subject to final inspection D Not Recommended 'Law Enforcement Recommendation (cont'd) fZ-'ia Lft ::::-,,\ ~'v\_A_.\_,J) \L1 . Ann Marie Becker, MMC, City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a trne and complete copy of an ordinance adopted by the Ci1? Commission of the City of Muskegon, at a regular meeting of the City Commission on the 10 h day of July , 2007, at which meeting a quornm was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: July 10 , 2007 ~ . ) . ~,----._ ,~\\ '--.\,v"- v\. Ann Marie Becker, MMC 2- . ~ .,l5LJ(;L/\ Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on /0 , 2007, the City Commission of the City of Muskegon adopted an amendment to ection 6-5, Owner Responsibility under the Animals ordinance of the City of Muskegon, summarized as follows: Sec. 6-5. Owner responsibility. (a) All dogs and cats shall be kept under restraint, except for a service animal actively engaged in performing its duty or a dog actively engaged in training or performance event or competition. Dogs or cats shall not be permitted to be at large in the city. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten (I 0) days from the date of this publication. CITY OF MUSKEGON Published: Ju/y It ,2001 By_ _ _ _ _ _ _ _ _ _ _~ Ann Marie Becker, MMC, City Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Fi!es\OLKIA\DL335 !.doc Date: July 1O, 2007 To: Honorable Mayor and City Commissioners From: Finance Director RE: Proposed COLA for Retirees SUMMARY OF REQUEST: One of the considerations made when we moved to MERS was that we would mimic as closely as possible the pension COLA program in place since the mid-1990's within the structure of MERS. In a nutshell, the old COLA program provided permanent cost of living increases to pensioners retired five years or more that were capped at 75% of the CPI. COLA's were payable only in years when investment performance exceeded actuarial estimates (8%). Due to lagging investment performance, no COLA payments have been made for the last two years. Investment performance has improved and, at this time, we are recommending approval of a 1.80% COLA increase payable to pensioners retired five years or more as of 1/1/07. Standard MERS practice is to implement COLA provisions each January, but they have agreed to implement this COLA for us as of July 1. We recommend the COLA be divided into two equal parts with 0.90% awarded 7/1/07 and 0.90% awarded 1/1/08. Future COLA inoreases would then be made in January, if warranted. The 1.80% COLA is based on a MERS actuarial review of investment performance, change in the CPI for 2006 and staff discussions with actuaries concerning the financial condition of the account. FINANCIAL IMPACT: The proposed COLA adjustment will increase the accrued liability of the retirees' account $546,870 and leave the account just over 101 % funded. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize MERS to pay a 1.80% COLA to retirees retired five years as of 1/1/07, payable in two equal parts July 1, 2007 and January 1, 2008. Authorize future COLA adjustments to be made effective each January 1 with the next COLA review being January 1, 2009. COMMITTEE RECOMMENDATION: None GRS Gabriel Roeder Smith & Company One Towne Square 248.799.9000 phone Consultants & Actuaries Suite 800 248.799.9020 fax Southfield, Ml 48076-372.l www.g:1briclroedcr.c.:om June 21, 2007 Ms. Anne M. Wagner Chief Executive Officer Municipal Employees' Retirement System of Michigan 1134 Municipal Way Lansing, Michigan 48917 Re: Supplemental Valuation for Muskegon, City of (6116), Division(s) 10, 20 Dear Anne: After conversations with the City of Muskegon, we have been requested to provide additional information for the attached supplemental with the same date as this letter. The attached supplemental is a standard MERS supplemental in that the results are based on the results of divisions 10 and 20 as currently reported in the December 31, 2006 annual valuation. The attached supplemental values a one-time 2.0% increase in retirement benefits, effective July 1, 2007, for all members in these divisions who have been retired at least five years. The list ofretirees impacted was provided by the City. Certain members eligible for the retirement benefit increase are in receipt of a $50 monthly benefit, as payment for opting out of retiree healthcare. As requested by the City, we have not applied the retirement benefit increase to this $50 monthly benefit. The 2.0% increase in retirement benefits has been applied to the benefit amounts (net of this $50 monthly benefit) currently in effect, as reported for the December 31, 2006 annual valuation. It is our understanding that the City is interested in the increase in cost to the System for various one- time increases for these groups other than the 2.0% valued in the attached supplemental report. The cost of the various alternatives can be discerned by prorating the results in the "Difference" column of the 2.0% increase in retirement benefits. For example, the cost of a one-time 1.0% increase in retirement benefits is one-half the results of the 2.0% increase shown in the "Difference" column. Ms. Anne M. Wagner June 21, 2007 Page2 When considering the implementation of a Flexible E, one could consider Divisions IO and 20 collectively as one. Were the assets and liabilities for Divisions 10 and 20 combined as of December 31, 2006 the results of both the December 31, 2006 annual valuation and the June 21, 2007 supplemental valuation would be changed. These changes are summarized in the table below. 2006 Annual Supplemental Dated Divisions 10 and 20 Combined Valuation June 21, 2007 Difference Actuarial Accrued Liability $42,217,465 $42,825,099 $607,634 Valuation Assets $43,237,006 $43,237,006 0 Unfunded Accrued Liability $ (1,019,541) $ (411,907) $607,634 Percent Funded 102.4% 101.0% (1.4%) Total Regular Employer Contribution for the 2008 fiscal year $0 $0 NIA As seen above, the combined Divisions 10 and 20 would be overfunded by $1,019,541 as of December 31, 2006 with $0 contribution due for the 2008 fiscal year for this group. The increase in liability associated with the proposed 2% one-time benefit adjustment is $607,634. The impact of the proposed 2% one-time increase valued in the June 21, 2007 supplemental report would reduce the combined overfunding to $411,907, and the contribution for the combined Division would remain at $0 for the 2008 fiscal year. Please feel free to contact me with comments or questions. Sincerely, J1~/L Jim Koss WJK:lr Enclosures Gabriel Roeder Smith & Company 248.799.9000 phone GRS Gabriel Roeder Smith & Company One Towne Square Consultants & Actuaric!-i Suite 800 248.79.9.9020 fax Southfidd, .MI 48076-3723 \Vww.gabriclroc ,,\ '\;\JvJ__ j2, Lv f .. 1 Ann Marie Becker, MMC, City Clerk CERTIFICATE The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the Cii Commission of the City of Muskegon, at a regular meeting of the City Commission on the 10 h day of July 2007, at which meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of I 976, as amended, and that minutes were kept and will be or have been made available as required thereby. DATED: July 10 2007 Ann Marie Becker, MMC Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALLPERSONSINTERESTED Please take notice that on ~l/ / 0 Ju , 2007, the City Commission of the City of Muskegon adopted an amendment to;;ction 34-34, Smoking under the Health and Sanitation ordinance of the City of Muskegon, summarized as follows: Section 34-34. Prohibition of smoking; exceptions and limitations. (c) Smoking shall be strictly prohibited in the area of Pere Marquette Park bounded by the walkway leading from the bathhouse to the water's edge on the south, the walkway to the south breakwater on the north, the sidewalk adjacent to the roadway on the east and the water's edge on the west. Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten (10) days from the date of this publication. CITY OF MUSKEGON Published: Ju I(7ti_ /{o ,2007 By_ _ _ _ _ _ _ _ _ _ __ Ann Marie Becker, MMC, City Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\DL3340.doc Date: July 1 0, 2007 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Fireworks Display Bike Time SUMMARY OF REQUEST: Bike Time is requesting approval of a fireworks display during the Poison concert at Heritage Landing on July 22 nd . Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and approval of the insurance. 2007-5'/(c) PERMIT FOR FIREWORKS DISPLAY Act 358, P.A. 1968 This permit is not transferable. Possession of this permit by the herein named person will authorize him to possess, transport and display fireworks in the amounts, for the purpose, and at the place listed below only. TYPE OF DISPLAY: (x) PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL ISSUED TO: NAME Advanced Entertainment Services ADDRESS AGE 4325 West Reno Avenue, Las Vegas, Nevada 89118 REPRESENTING NAME OFORGAN1ZATION, GROUP, F1R.\,f OR CORPORATION Bike Time ADDRESS NUMBER & TYPES OF FIREWORKS: Special effect for stage fireworks display DISPLAY: EXACT LOCATION Heritage Landing Stage CITY, VILLAGE, TOWNSHIP DATE TIME City of Muskegon- July 22, 2007 8:30 p.m. BOND OR fNSURANCE FILED: (]') YES () NO AMOUNT$5,000,000.00 ISSUED BY· Issued by action of the MUSKEGON CITY COMMISSION (~cil. a:immiuion, boud) of the CITY of MJISKEQON (c1ry. vdl.asc. :ownship) (IWl'le Q( city, villa1,. LCl'N!Uhip) on the Warmington, Mayor 07!~5/2007 13:54 7023541852 AES PAGE 01/01 ,~ II D/LTE (MMA)Pln') 7/2/07 Revised CERTIFICATE OF LIABILITY INSURANCE fRODUCER THIS Cl>RTIFICATE 1>OES NOT .IMEND,EJ(UNII OR AL'l'l:R r!IE COVEIU-GE AH'ORD)':11 BY THE POLICIES BELOW. DRAYTON INSURANCE BROKERS, INC. P.O.BOX94067 BIRMlNGllAM, ALABAMA 35220 (205) 854-5806 INSURUIS AFFOIU)ING COVERAGE INSU:IU;D lN~RAi ADMIR/\.L INSURANCE COM!>ANY INSURIRB: Advanced Entertainment Services INSIDU:R C: 4325 West Reno Avenue lNSUR'CR ))i Las Vegas, Nevada 89!18 .'(J'ISlJJILJ\ E; COVEMGES THE F-OLlC"OCS OflN$"CJRANCt LIS'(tP il:£U.W ltA VE BEEN ~SSU&I) TO na: msuru:p N,t.Mlro ABOVE l'O~ rm roucv FEJUOJ) n,lDXCAT!:D. NOTWX'.OIST/\NDING ANY &QUl.RtMENT, '.(,OM OR CONDITION O.\'I 11,JrX CONTDACT OR oro;g:kf. DOCUMENTWna lU;:$nCT TO wmce: no:s CtJ\Tl'lo'rCA.n MA )I' BX lUV.tll OD. MA'( '1,:_,,Th.W, TIIE lNSVMl'IC~ /\l"E'O~D ltY ·nu; roucn:s J)J;SCRJ.BlO Bl:R.ElN lS SlJMCT TO ALL TW: 1.£.RMS, EXCLUSION{' A:NJ,) COl"DITTDNS Of sues: .!'OLIClES..AOORtCATt UM.ITS S80W!'f ~IA y BAVi- ~~tff UDUC.ED :8\' r.4. lD CLAJM'S. "''"- LTR TY.fl: OF INSURANO l'OUCY NVMllEn POLI<:,' tnl:ClTVE DATE POLICX ED'lll.A TION DAU u~m G£N"£RAJ. J'..JA:80:,lT'/ .EACH 0CCURP..EN"C£ $ 5.000.000 ...lL.COMMEll.ClAl G.ENEML LIABll.ITY FIRE DAMAO:t (My <71\f) fir,:,) $ 50,000 ___x_OCCURJI..ENCE __ Cl,AIMSMADE CA000003209-17 3/1/07 3/1/08 MED J!JO' (Atl}' OWi pcnou) $ NONE A PERSON/\J.. & ADV INJUJlY $ 5 000.000 G£NER.,q. ACCPJIGAT£ $5,000,000 GEN'L AGGMG-ATE LJMIT APPUES ?l!R: PRODUCTS-COMP/OP AOO $ 5 000.000 __lS._ POU CY _ _ P'l\OJECT _ COC A~11'"0MOM..t .t.X1,JUUTY COMJ:11!\/,l!,O ~JJ'l'GLE LWIT -- _ AN'\' AlJTO AJ.J..O~AVTO.S ~i=id!Jllt) :MOILYlNJURY $ _ _ SCHEDUL:ED J\.UTOS NOT COVERED 1) s .PROPERTYOM'IAGE (l'u1.tci0.<:JJ1) $ GI\AAGJi: L)'..tl.l:UUtr NOTCOVEREP .vc.CXH L~,q.,ro_n-y E1'.CH OCCUl'LJII.ENCl!. $ - OCCUK -- CLAIMS MADE NOTCOVEREP AGGREGATE $ $ - 01:iDUCTllH.Jl $ RETENTION ! $ WQRnRS' COMnNSA TION AND t::MrLOY£1tS> LlADD..fTY NOT COVERED O'rUIIR ))l50UJ't~01"1 (lf (),olA nONSILOCATI•!IISIVEfflCU:S/1:XCLUSlONS ADDl:J) Jr)' ~J'll)OR.S.tMJtl'l"Tr.Jn:CIAL PROVISIONS The City of Muskegon and all elected and appointed officials, all employees and volunteers, all board commissions or authorities and their Board members, employees and volunteers. County of Muskegon, Muskegon Summer Celebranon, West Michigan Oock and Market Group, and Heritage Landing are named as additional insured with respecr to 7-22-2007 ~ J a y ar Heritage Landing- Amohitheatre. L SllQ'Ol,)) A1tV ('ffTB'E ABOVE DESCRIBED POLlCU:S M CA-~ctLU:I> IIEFOll.E THE City of Mt1skegon :EXJ'lRATTON DATE 1'RT.Rf.Oll', 'riff:: {S!l,\IJNCXN'S'()»J;R WILL END£AVOR TO M:AJ;:J..._!2_ DAYS WlUTT£N l'iOTIO:: TO 11:l'! CUI.TI FlCATE lJOl-Dtlt NAMl:O IO lllt X..En', BOT 933 Terrace Street 1AD..UR:£ TO DO SRA.LL n-O'OSt NO OsuC...TJON OR LIABILITY Of' ~NY Klli» UJ'O!'I '(W!'., U"'t>UIU;.I\, ITS AGENTS OR UFJ(£S:tNtAlX'Vt.S. Muskegon, Michigan 49440 AUTROru'.XltD RIFRISli'.ITT,.,_~ ' ~L M. Std.oeer / 933 Terrace Street OFFICE 231-724-6705 CIT)! Ot= ~tUSl\~(3O~ Muskegon, MI 49440 FAX 231-724-4178 CL~Vl\!)S Ot=t=IC~ r:AX co~ Stfl:H To: "!w l71cC£n:JY Fax: Pages(including cover) Phone: Date: 7- 'l - O Z Re: . CC: • Urgent • For Review • Please Comment • Please Reply • Please Recycle /1,t' ~ .· I!~ ctd crt,J i{t 1/YL(U~ r ~ ~ r u - c· ~ Q ~ (/~) r- i/4 .... ............. ,7 MUSKEGON BIKE TIME EVENTS, INC. 590 WEST OTTAWA ST 74-1394/724 1oa3 I MUSKEGON, Ml 49442 COMMUNITY SHORES BANK MUSKEGON, Ml 49441 M' ~DODO 2 bO :1811'
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