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CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 13, 2000 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA • CALL TO ORDER: • PRAYER: • PLEDGE OF ALLEGIANCE: a. Muskegon Promise Program b. Gloria White-Gardner • ROLL CALL: • HONORS AND AWARDS: a. MML Level One Education Award. b. Resolutions & Recognition • PRESENTATIONS: • CONSENT AGENDA: a. Approval of Minutes. CITY CLERK b. SECOND READING/Ordinance - Public Employee Health Care Investment Act. FINANCE c. Consideration of Bids - Roberts, Lawrence to Wesley. ENGINEERING d. Sale of Non-Buildable Lot in Sheldon Park. PLANNING & ECONOMIC DEVELOPMENT e. Refuse Cart Purchase 2000. DPW f. Purchase of Budgeted Eguipment for 2000. DPW g. Purchase of Property from West Michigan Steel for the Muskegon Lakeshore Pathway. PLANNING & ECONOMIC DEVELOPMENT h. Muskegon Summer Celebration - Reguest to Waive Fees. CITY MANAGER i. Knight Consulting - Revised Agreement. CITY MANAGER j. Liability Claim - Marine Tap Room/Steve Warmington .. FINANCE • PUBLIC HEARINGS: a. SECOND READING - Rezoning Request for property located at 211 Irwin Ave. PLANNING & ECONOMIC DEVELOPMENT • COMMUNICATIONS: a. Census 2000 Presentation • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: • NEW BUSINESS: a. Purchase cisco PIX Hardware Firewall for the Police Comouter Network. POLICE b. Purchase of Tax Reverted Prooerties from the DNR. PLANNING & ECONOMIC DEVELOPMENT c. Amendment to Brownfield Plan - Set Public Hearing. PLANNING & ECONOMIC DEVELOPMENT d. Fireworks Display Permit - Summer Celebration. CITY CLERK e. Fireworks Display - GVSU@ 740 Lakeshore. CITY CLERK f. City Commission 2000-2001 Goals. ASSISTANT CITY MANAGER • ANY OTHER BUSINESS: • PUBLIC PARTICIPATION: • CLOSED SESSION: • Reminder: Individuals who would like to address the City Commission shall do the following: • Be recognized by the Chair. • Step foiward 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.) • 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 GAIL A KUNDINGER, CITY CLERK, 933 TERRACE STREET, MusMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. Date: June72000 To: Honorable Mayor and City Commission From: Gail A. Kundinger, City Clerk RE: Resolution SUMMARY OF REQUEST: Present Resolution to Commissioner Clara Shepherd for receiving the MML Level One Award for Education. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the request. COMMITTEE RECOMMENDATION: No recommendation. WHEREAS, the City of Muskegon wishes to congratulate one of our City Commissioners for attaining Level One of the Michigan Municipal Leagues Elected Officials Academy, and WHEREAS, this award recognizes outstanding efforts made by this elected official, and WHEREAS, the Michigan Municipal League Elected Officials Academy is a voluntary continuing education program established to encourage and recognize the efforts oflocal elected officials to become effective leaders, and WHEREAS, Level One of the Academy is the Education Award, and the individuals graduating from Level One have completed five Conference Credits, eight Core course credits and twelve elective credits for a total of twenty five credits in the Academy, and Commissioner Shepherd has completed all of these credits to attain Level One of the Academy. NOW, THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the City of Muskegon and speaking on behalf of the City Commission and citizens of Muskegon, do hereby set aside June 13, 2000 to recognize Commissioner Clara Shepherd for successfully completing all the requirements as set forth by the MML Elected Officials Academy Advisory Board for the Level One Education Award. IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of the City to be affixed this 13 th day of June, 2000. Fred J. Nielsen, Mayor Commission Meeting Date 6/13/00 TO: Honorable Mayor and City Commissioners FROM: Community Relation Committee DATE: June 6, 2000 RE: Resolutions and Recognition Summary ofRequest: To Concur with the actions of the Community Relation Committee Financial Impact: None Budget Action: None Staff Recommendation: Staff Recommends Approval Committee Recommendation: This item will be decided@ the City Commission Meeting on 6/13/00 Community Relation Committee Meeting Minutes 6/5/00 ·, Spataro, Shepherd Not Present: Benedict w/ notice, Sc weifler w/ notice, Aslakson w/ otice Others Present: Staff - Ken James Media - Beth Diser General Public Meeting Called to Order @ 5: l 5pm \ , . Motion and second to approve the minut~ ·om the May 2000 meeting, carried Action Items: Motion by Maym: ielsen and second by Vice Mayor Sie adzki to accept the attendance rev· was submitted, carried Motion b Commissioner Spataro and second by Mayor Nielsen to · fer to the Legis ·ve Policy Committee changing the Meeting time for the CDBG-~ itizen Dis t Council from upon demand to regularly schedule monthly meeting, ca 1ed (CNS staff requested to attend that meeting) Motion by Mayor Nielsen and second by Commissioner Spataro to honor Julia Sands with a resolution for all of dedication, hard work and volunteerism for the City of Muskegon, carried Motion by Vice Mayor Sieradzki and second by Mayor Nielsen to recognize the Muskegon Youth Clean-up effort that took place on 6/2/00, carried Q!ity nf UJllttJUU j ·l~:li'.' ·· E:kEAS you have set a fine example for residents and young people in our 'J ' con_un~ty to follow. We thank you for making Muskegon a nicer place .·. . ~ l to hve. . . Fl1'f .\. ,•W, I, THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the · .\,j, J City of Muskegon and speaking on behalf of the City Commission and ('.' J!,c,f/ citizens of Muskegon, do hereby set aside June 13, 2000 to recognize Julia ·;;i.,,,;._(f.:l',f: Sands for her many contributions to our great City. ,4,., h '"';;ti,, .~t."""' ( •.. .I?\\ t 1(i\,,. . ~,t f'" IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of the City to be affixed this 13 th day of June, 2000. Fred J. Nielsen, Mayor WHEREAS, the City of Muskegon wishes to thank Elizabeth Blake Evans for assisting with the Muskegon Youth Clean-up effort that took place on June 2, 2000; and WHEREAS, the event provided an opportunity for youth in our City to volunteer their time and understand what it means to give back to our community, while achieving a meaningful result to their efforts. These examples of positive works provide our youth with pride and a sense of accomplishment that will carry them well into their future roles as citizens and, at the same time, make Muskegon more attractive to residents and visitors, alike; and WHEREAS, The Muskegon Youth Clean-Up would not have been successful without the supervisory efforts and assistance of the adult volunteers. Your contribution was invaluable and we want to extend our appreciation and thanks to you for making this project a success: NOW, THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the City of Muskegon and speaking on behalf of the City Commission and citizens of Muskegon, do hereby set aside June 13, 2000 to recognize Elizabeth Blake Evans for assisting in the Muskegon Yonth Clean-Up and for helping to make Muskegon a nicer place to live. IN WITNESS WHEREOF, I hereunto set my hand and cause the seal of the City to be affixed this 13 th day of June, 2000. Fred J. Nielsen, Mayor Date: May 23, 2000 To: Honorable Mayor and City Commissioners From: Finance Director RE: Public Employee Health Care Investment Act (PA 149 of 1999) SUMMARY OF REQUEST: To take actions implementing provisions of the "Public Employee Health Care Investment Act (PA 149 of 1999). This act authorizes the City to create a new fund for the accumulation and investment of funds to provide for retiree health benefits. The following actions are requested: 1. Adoption of the attached resolution establishing the "Employee Health Care Fund" in accordance with PA 149; 2. Adoption of the attached amendments to both the General Employees' and Police and Fire Retirement System ordinances which "freezes" the current method of retiree healthcare funding and provides for future retiree healthcare funding to be done through the new fund. FINANCIAL IMPACT: None. The City of Muskegon has long been pre-funding retiree healthcare benefits in much the same manner as PA 149 provides. Adoption of PA 149 provides a firmer legal foundation for pre-funding and investing retiree healthcare assets. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. COMMITTEE RECOMMENDATION: The City's pension boards will meet on May 19th to consider this issue. 9/18/97 1 Finance Administration Memo To: City Commis i6n From: CC: Date: 05/12/00 Re: Public Employee Health Care Investment Act (PA 149 of 1999) The "Public Employee Health Care Fund Investment Act" became effective November 1, 1999. This act permits the City Commission to establish a public employee health care fund for the accumulation and investment of funds to provide for the funding of health care benefits to retired employees of the City and their beneficiaries. The important provision of this act is that it specifically permits investments in corporate stocks and other investments appropriate for funding long-term retirement benefits. Prior to this act, investments were restricted to "low risk/low yield" instruments unless funding and investing were administered through the pension funds. The City of Muskegon has long recognized the importance of pre-funding retiree healthcare benefits in the same manner as regular pension benefits are funded. Annually (since 1986) an annual actuarial valuation of the City's post retirement health benefits has been conducted. Additionally, in 1987 reserve accounts for retiree health benefits were added by ordinance to the City's pension funds for the purpose of accumulating and investing retiree healthcare funds along with the City's regular pension funds. As of December 31, 1999, the following amounts had accumulated in these reserves: General Employees' $3,161,322 Police & Fire $3,316,300 Staff believes that PA 149 affirms the wisdom of pre-funding retiree healthcare benefits and provides a stronger statutory foundation than exists for the City's current practice of funding these benefits through the pension funds. Accordingly, it is recommended the following actions be taken: 1. Adoption of the attached resolution establishing the "Employee Health Care Fund" in accordance with PA 149; 2. Adoption of the attached amendments to both the General Employees' and Police and Fire Retirement System ordinances which "freezes" the current method of retiree healthcare funding and provides for future retiree healthcare funding to be done through the new fund. Please let me know if you have any questions. Thank you. • Page 1 CITY OF MUSKEGON Resolution No. · 2000 58(b) At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission Chambers on •l11ne ..13_, 2000. A resolution to establish the Employee Health Care Fund Recitals WHEREAS, City of Muskegon has committed to provide post-retirement health benefits to certain employees; WHEREAS, City of Muskegon began to actuarially fund post-retirement health benefit obligations; WHEREAS, City of Muskegon has contributed to the Police-Fire Retirement System and the General Employees Retirement System for purposes of setting aside reserves for post-retirement heal th costs; and WHEREAS, the state has recently adopted the Public Employee Health Care Fund Investment Act, Public Act 149 of 1999. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLYES: I. Establishment of Funds. The City of Muskegon hereby establishes the City of Muskegon Employee Health Care Fund. The purpose of this fund is to accumulate assets sufficient to pay for post-retirement health benefits. The intent is to set sufficient funds aside, on a regular basis, and to hold those assets for the sole purpose of satisfying payment of health care benefits for retired employees of the City who are eligible for benefits pursuant to the appropriate collective bargaining agreement or as specified by the City Commission. 2. Administration. 2. l The City Treasurer is hereby designated as the investment fiduciary and shall be the custodian of all funds of the City of Muskegon Employee Health Care Fund. The Treasurer shall keep records consistent with appropriate governmental requirements reflecting assets and liability of the fund and providing such information, as requested, to the City Commission. H:\LIB\EDSl\00100\1398\RESOLUl\042500 2.2 The City Treasurer shall have an actuarial valuation performed at least every five years. The valuation shall value the assets on a market related basis. The actuarial valuation shall be transmitted to the City Commission, unless a summaty annual report is provided. 3. Funding. The City shall make contributions to the fund as the City Commission deems appropriate. 4. Investment. The investment fiduciary shall invest funds held by the City of Muskegon Employee Health Care Fund. The City Treasurer shall invest the funds consistent with the investment policies adopted by the General Employees Retirement System Board of Trustees. The investments must be consistent with the investment of surplus funds of political subdivisions, being MCLA §129.91 and the Public Employee Retirement System Investment Act, being MCLA §38.1133. This Resolution adopted this 13th day of , ti 1oe , 2000. YEAS: Spataro, Aslakson-, Beoedi ct, Ni el sea, Scb1r,1ei fJ er , Sbepherd, Sier ad:zki NAYS: None -- ---------------------------- ABSENT: -None ---------------------------- CERTIFICATION STATE OF MICHIGAN COUNTY OF MUSKEGON I hereby certify that the forego1ng is a true and complete copy of a resolution adopted at a meeting of the City Commissionei·s of the City of Muskegon, Michigan, held on the 13th day of June , 2000, and that the minutes of the meeting are on file in the office and in compliance with Act 267, Public Acts of Michigan, 19.76. Q,. L of the City Clerk and are available to the public. Public notice of the meeting was given pursuant to H:\LIB\EDSl\001 00\1398\RESOLUn042500 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. 2022 An ordinance amending Appendix A of the Code of the City of Muskegon concerning Police-Fire Retirement System Ordinance. THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: 1. Sections 38.4. Sections 38.1 through 38.3, inclusive shall be applicable only to the extent of funds already deposited. All future contributions shall be credited to the Employee Health Care Fund. All post-retirement health benefit payments, as to retirents of this plan, shall be paid from monies held pursuant to Sections 38.1 through 38.3 until such point in time as there are no assets left at which point the expenses will be paid from the Employee Health Care Fund. In all other respects Appendix A of the Code of the City of Muskegon shall remain in full force and effect. This ordinance adopted: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki Nays:_,,...No,._,n-'-"e'--------------------------- Adoption Date: _ .... J=un""'"'e=------=1=3""'-"2=0=0,..,.0'------ Effective Date:_--=-J=u=ly..........:1::....i,---=20=-0=o=-- · ·_ _ _ __ First Reading: May 23, 2000 Second Reading: June 13, 20U0 CITYOF~SKEGON~ . By: ~ Q, Gail A. Kundinge~ ~r-u 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 City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 13th day of June , 2000, 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 G:\COMMON\5\JCS\C-POL-FI.OR2 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: -~J~un~e~13~_, 2000 Gail A. Kundinger, CMC/AAE Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. G:\COMMON\5\JCS\C-POL-FI.OR2 City of Muskegon Muskegon County, Michigan ORDINANCE NO. _2!223 The City Commission of the City of Muskegon hereby ORDAINS: Appendix B of the Code of Ordinances of the City of Muskegon concerning the General Employees Retirement System is amended as follows: 1. Section 25.4. Sections 25.1 through 25.3, inclusive shall be applicable only to the extent of funds already deposited. All future contributions shall be credited to the Employee Health Care Fund. All post-retirement health benefit payments, as to retirants of this plan, shall be paid from monies held pursuant to Sections 25.1 through 25.3 until such point in time as there are no assets left at which point the expenses will be paid from the Employee Health Care Fund. This ordinance adopted: Ayes: Spataro, Aslakson , Benedict. Nielsen , Schweifler, Shepherd, Sieradzki Nays: None Adoption Date: June 13 2000 Effective Date: July 1, 2000 First Reading: May 23, 2000 Second Reading: June 13 2000 CITY OF MUSKEG~N I By: ~ Q ~ Gail A. Kundinger 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 City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 13th day of June , 2000, 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 G:\COMMON\5\JCS\C-GERS.25 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: June 13 , 2000 Gail A. Kundinger, CMC/AAE Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. G:\COMMON\5\JCS\C-GERS.25 2 Act No. 149 Public Acts of 1999 Approved by the Governor November 1, 1999 Filed with the Secretary of State November 1, 1999 EFFECTIVE DATE: November 1, 1999 STATE OF MICHIGAN 90TH LEGISLATURE REGULAR SESSION OF 1999 Introduced by Senators Bullard, Dunasldss, Hammerstrom and Jolmson ENROLLED SENATE BILL No. 587 AN ACT to provide for the creation of public employee health care funds; to provide for the administration of the funds; to authorize the investment of the assets of the funds or trusts; and to prescribe the powers and duties of investment fiduciaries and certain p~1blic officers and employees. The People of the State of Michigan enact: Sec. L This act shall be lmown and may be cited as the "public employee health care fund investment act". Sec. 2. As used in this act: (a) "Fund" means a public employee health care fund created pursuant to this act and used for the accumulation and investment of ftmds for the purpose of funding health care for retired employees of the public corporatioJL (b) "Investment fiduciary'' means a person or persons who do any of the following: (i) Exercises any discretionary authority or control in the investment of the fund's or trust's asseL<;. (ii) Renders 'investment advice to a fund or trust for a fee or other direct or indirect compensation. (c) "Public corporation" means any county, city, village, township, authority, district, board, or: commission in this state. (d) "Qualified person" means a person or group _of persons who are eligible to receive health care benefits and who are designated as a qualified person by the public corporation. (e) "Trust" means a trust created under the authority of a state or federal law for the purpose of funding retiree health care benefits. Sec. 3. The legislative body of a public corporation may adopt a resolution establishing a public employee health care fund for the purpose of accumulating funds to provide for the funding of. health care benefits to retirants and beneficiaries of retir,mts of the public corporation. Money for the payment of health care benefits for retired employees of the public corporation may, at the discretion of the public corporation, be provided from this fund or any other fund or trust. The resolution shall include all of the following: (a) The designation of a person or persons who shall act as the fund's investment fiduciary. (b) A restriction of withdrawals from the fund solely for the payment of health care benefits on behalf of qualified persons and the payment of the expenses of adm-inistration of the fund. (c) The designation of who is a qualified person for purposes of paynient of health care benefits from the fund. (d) A determination of whether the fund will be established on an actuarial basis. (77) Sec. 4. _An investment fiduciary shall invest the assets of the fund in accordance with an investment policy adopted by the governing body of a public corporation and that complies with section 13 of the public employee retirement system investment act, 1965 PA 314, MCL 38.1133. However, the investment fiduciary shall discharge his or her duties solely in the interest of the public corporation. The public corporation may invest the fund's assets in the investment instruments and subject to the investment limitations governing the investment of assets of public employee retirement systems under the public employee retirement system investment act, 1965 PA 314, MCL 38.1132 to 38.1140. Sec. 5. The legislative body of a public corporation may, by resolution, allow a trust to invest the assets of the trust in accordance with the public employee retirement system investment act, 1965 PA 314, MCL 38.1132 to 38.1140. The resolution shall include the following: (a) A statement of the authority under which the trust is established. (b) Approval to invest the assets of the trust in accordance with the public employee retirement system investment act, 1965 PA 314, MCL 38.1132 to 38.1140. Sec. 6. 'fhe investment :fiduciary shall have_an actuarial review of the fund or trust prepared at least every 5 years with assets valued on a market related basis. The investment fiduciary shall prepare and issue a summary annual report to the legislative body of the public corporation that established the fund or trust. 'l'his act is ordered to take immediate effect. Clerk of the House of Representatives. Approved _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Governor. t:J>t.Rocyc!od "(J;JPapor 2 law offices of PARMENTER O'TOOLE 175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786 Phone 231.722.1621 • Fox 231.722.7866 or 728.2206 May 10, 2000 HAND DELIVERY Mr. Timothy Paul Finance Director City of Muskegon P.O. Box 536 Muskegon, MI 49443-0536 Ms. Sandra W. Rodwan Gabriel, Roeder, Smith & Company 1000 Town Center, Suite 1000 Southfield, MI 48075 Re: City of Muskegon Employee Health Care Fund Dear Mr. Paul: Enclosed please find the following revised documents: 1. Ordinance Amendment, with Notice of Adoption, to the Police-Fire Retirement System Ordinance dealing with the City of Muskegon Employee Health Care Fund; 2. Ordinance Amendment, with Notice of Adoption, to the General Employees Retirement System Ordinance dealing with the City of Muskegon Employee Health Care Fund; 3. Resolution establishing the Employee Health Care Fund. I look forward to comments relating to the resolution and changes to the resolution. (\~:7t ,~ C. Schrier JCS:mmf Enclosures G. Thomas Johnson John C. Schrier Jomes R. Scheuerle Of Co1111se/ Retired Poul T. Sorensen George D. Von Epps Christopher L. Kelly Keith L. McEvoy Thomas J. O'Toole Robert L. Forsythe 1920-1966 John M. Briggs, Ill Lindo S. Koore Anno K. Urick Eric J. Fouri Arthur M. Rude George A. Parmenter Michael L. Rolf Philip M. Staffon Scott R. Sewick 1903-1993 Harold M. Street George W. Johnson William J. Meier Jennifer L. Hyllond Cyrus M. Poppen W. Brod Groom Jeffery A Jacobson 1903-1996 H:\LIBIEOSl\00100\1398\LTRIGENERAL.LTR CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on , 7ivzt>, [3 , 2000, the City Commission of the City of Muskegon adopted amendments to Appendix A of the Muskegon City Code concerning the Police and Fire Retirement System, summarized as follows: 1. Section 38.4 is adopted to provide that Sections 38.1, 38.2, and 38.3 shall have no further monies deposited in the reserve for post-retirement health contributions and the reserve for post-retirement health benefit payments. All future monies shall be deposited in the Employee Health Care Fund. 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 , hto e c2/ ,2000 By_ _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Its Clerk ----------------------------------------·--------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PAS SAGE. G:\COMMON\5\JCS\C-P&F-RT.N04 CITY OF MUSKEGON NOTICE OF ADOPTION TO: ALL PERSONS INTERESTED Please take notice that on \.Loe / :3 , 2000, the City Commission of the City of Muskegon adopted amendments to Appendix B of the Muskegon City Code concerning the General Employees Retirement System, summarized as follows: 1. Sections 25.4 is adopted to provide that Sections 25.1, 25.2, and 25.3 shall have no further monies deposited in the reserve for post-retirement health contributions and the reserve for post-retirement health benefit payments. All future monies shall be deposited in the Employee Heath Care Fund. 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 r hm (, 62/ ' 2000 By_ _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, Its Clerk -------------------------------------------------------------------------- PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. G:\COMMON\5\JCS\C-GERS.NOA Date: June 13, 2000 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Roberts, Lawrence to Wesley SUMMARY OF REQUEST: The contract to construct Roberts between Lawrence & Wesley, using the asphalt bid, be awarded to Jackson Merkey Contractors, Inc. since they were the lowest, see bid tabulation, responsible bidder with a bid price of $123,941.10. FINANCIAL IMPACT: The construction cost of $123,941.10 plus related engineering expenses. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contractors, Inc. COMMITTEE RECOMMENDATION: t. • j UNUAL HO : BID TABULATION FOR H-1508 ROBERTS STREET, LAWRENCE TO WESLEY (ASPHALT) 23-May-00 I ENGINEERS ESTIMATE JACKSON-MERKEY CONTRACTORS: ASPHALT PAVING, INC. i DISCRIPTION QUANTITY UNIT 1 PRICE TOTAL PRICE PRICE TOTAL PRICE PRICE TOTAL PRICE 1 iAOJUST DRAINAGE STRUCTURE COVER 9 EACH $400.00 $3,600.00 $395.00 $3,555.00 I $400.00 $3,600.00 2 IAGGREGATE BASE COURSE, 22A, 6" C.I.P. 3030 S.YO. $5.00 $15,150.00 $6.40 $19,392.00 $7.00 $21,210.00 3 iAGGREGATE SURFACE COURSE, 23A, AS NEEDED 10 TON $30.00 $300.00 $23.00 $230.00' $25.00j $250,00i 4 IBIT. MIXTURE 3C@ 165#/S.Y. 265 TON $50.00 $13,250.00 $40.60 $10,759.00 $41.00 $10,865.00 5 jSIT. MIXTURE4C@ 165#/S.Y. 265 TON I $60.00 $15,900.00 I $43.50 $11,527.50 $44.00 $11,660.00 6 CATCH BASIN CASTING EAST JORDAN #7045 OR EQUAL 4 EACH $500.00 $2,000.00 $495.00 $1,980.00 $500.00 $2,000.00 7 CATCH BASIN, STANDARD 4 EACH $1,500.00 $6,000.00 $1,375.00 $5,500.00 $1,500.00 $6.000.00 8 CONCRETE APPROACH, 6", STANDARD 123 S.YD .... $30.00 $3,690.00 $28.75 $3,536.25 $30.00 $3,690.00 9 CONCRETE CURB AND GUTTER. STANDARD DETAIL 1 1952 L.FT. $10.00 S19,520.00 $8.60 $16,787.20 $10.00 $19,520.00 . 10 CONC. SIDEWALK 4" 805 S.FT . $2.50 $2,012.50 ! S2.20 $1,771.00 S5.00 $4,025.00 I 11 CONC. SIDEWALK 6" 310 S.FT. $3.50 $1,085.00 $3.25 $1,007.50 $5.00 $1,550.00 12 CORPORATION STOP, 1" 2 EACH $150.00 $300.00 $235.00 $470.00i $250.00 $500.00 ! 13 .CURB STOP AND BOX, 1" 2 EACH $200.00 $400.00 i $275.00 $550.00 $300.00 $600.00 i 14 EXCAVATION 1186 C.YD. $12.00 S14,232.00 i $12.35 $14,647.10 $13.00 $15,418.00 ! 15 MANHOLE CASTING EAST JORDAN #1000 OF EQUAL 1 EACH $400.00 $400.00 ! $490.00 $490.00 $500.00 $500.00 I ' 16 MANHOLE, STANDARD, O' TO 10' DEEP, 4' 1.0. 1 EACH $1,500.00 , $1,500.00 $1,680.00 $1,680.00 $1,800.00 $1,800.00 17 PREPARED TOP SOIL AND SEED, CLASS A 2400 S.YD. $2.50 ! $6,000.00 $2.70 $6,480.00 $3.00! $7,200.00 ' 18 RECONSTRUCTING RECONSTRUCT DRAINAGE STRUCTURE ! 7 V.FT. $150.00 ! $1,050.00 $445.00 $3,115.00 $450.00 $3,150.00 19 REMOVING CONCRETE CURB 32 L.FT. I S10.00 $320.00 $9.00 $288.00 $10.00 $320.00 20 REMOVING GUARD RAIL 55 L.FT. $10.00 $550.00 $11.50 $632.50 $12.00 $660.00 : 21 REMOVING MANHOLE 3 : EACH! $400.00 $1,200.00 S745.00 $2,235.00 $800.00 $2,400.00 : 22 REMOVING PAVEMENT (CONCRETE WITH INTEGRAL CURB) 60 'S.YD. I $15.00 $900.00 $15.50 $930.00 $16.00 $960.00' 23 IREMOVING TREE, 13" TO 24" 3 'EACH $400.00 $1,200.00 $580.00 $1,740.00 $700.00; $2,100.00 24 SANITARY SEWER, 8", PVC SDR 35 82 L.FT. $30.00 $2,460.00 , $31.65 $2,595.30 $32.00 $2,624.00 25 SANITARY SEWER, 6", PVC SOR 35 36 L.FT. $25.00 $900.00 ; $24.00 $864.00 ! $24.00 $864.00 ; 26 STORM SEWER, 12", C76 CLASS V 175 L.FT. $30.00 $5,250.00 i $25.75 $4,506.25' $26.00 $4,550.00 , 27 TRAFFIC CONTROL 1 LUMP i $5,000.00 $5,000.00 , $4,345.00 $4,345.00 $9,400.00 $9,400.00 28 WATER SERVICE TYPE "K" COPPER, 1" 50 L.FT. $20.00 $1,000.00 $15.75 $787.50 $16.00 $800.00 29 WATER VALVE BOX AND COVER COMPLETE 4 EACH $200.00 $800.00 $385.00 $1,540.00 $400.00 $1,600.00 I TOTAL $125,969.50 ! $123,941.10 $139,816.00 ' 12 BID TABULATION FOR H-1508 ROBERTS STREET, LAWRENCE TO WESLEY (CONCRETE) 23-May-00 i ENGINEERS ESTIMATE JACKSON-MERKEY CONTRACTORS ASPHALT PAVING DESCRIPTION QUANTITY UNIT! PRICE TOTAL PRICE PRICE TOTAL PRICE PRICE TOTAL PRICE 1 ADJUST DRAINAGE STRUCTURE COVER 9 EACH $400.00 I $3,600.00 $395.00 $3,555.00 $0.00 $0.00; 2 AGGREGATE BASE COURSE, 22A, 6" C.I.P. 3030 S.YD. $5.oo I $15,150.00 $6.40 $19,392.00 $0.00 $0.00i 3 AGGREGATE SURFACE COURSE, 23A, AS NEEDED 10 TON $30.00 i $300.00 $23.00 $230.00 $0.00 so.col 4 CATCH BASIN CASTING EAST JORDAN #7045 OR EQUAL 4 EACH $500.00 $2,000.00 $495.00! $1,980.00 $0.00 $0.00i 5 CATCH BASIN, STANDARD 4 EACH $1,500.00 $6,000.00 $1,375.00 $5,500.00 $0.00 so.001 6 iCONCRETE APPROACH, 6", STANDARD 123 S.YD. $30.00 $3,690.00 $28.75, $3,536.25 $0.00 so.ooi 7 CONCRETE PAVEMENT,6", WITH INTEGRAL CURB 3463 S.YD. $25.00 $86,575.00 $38.75 $134,191.25 $0.00 $0.00 8 CONG. SIDEWALK 4" 805 S.FT. ! $2.50 $2,012.50 $2.20 $1,771.00 $0.00 so.col 9 CONG. SIDEWALK 6" 310 S.FT. $3.50 $1,085.00 $3.25 $1,007.50, $0.00 so.col 10 CORPORATION STOP, 1" 2 EACH $150.00 ! $300.00 $235.00 $470.00· $0.00 $0.00 11 'CURB STOP AND BOX, 1" 2 EACH $200.00 $400.00 $275.00 $550.00i $0.00 $0.00 i 12 EXCAVATION 1474 C.YD. $12.00 $17,688.00 $12.15 $17,909.10' $0.00 $0.00 13 MANHOLE CASTING EAST JORDAN #1000 OF EQUAL 1 EACH $400.00 $400.00 $490.00 $490.00 $0.00 $0.00 14 MANHOLE, STANDARD, O'TO 10' DEEP, 4' I.D. 1 EACH $1,500.00 $1,500.00 $1,680.00 $1,680.00 $0.00 $0.00 15 PREPARED TOP SOIL AND SEED, CLASS A 2400 S.YD. $2.50 $6,000.00 $2.70 $6,480.00, $0.00 $0.00 16 RECONSTRUCTING RECONSTRUCT DRAINAGE STRUCTURE 7 V.FT. $150.00 $1,050.00 $445.00 $3,115.00' $0.00 $0.00 17 REMOVING CONCRETE CURB 32 L.FT. $10.00 $320.00 $9.00 $288.00 $0.00 $0.00 18 REMOVING GUARD RAIL I 55 L.FT. $10.00 $550.00 $11.50 $632.50 $0.00 $0.00 l 19 REMOVING MANHOLE i 3 EACH $400.00 $1,200.00 , $745.00 $2,235.00 $0.00 $0.00 i 20 REMOVING PAVEMENT (CONCRETE WITH INTEGRAL CURB) I 60 S.YD. $15.00 $900.00 $15.50 $930.00: $0.00 $0.00 21 REMOVING TREE, 13" TO 24" ' 3 EACH $400.00 $1,200.00 $580.00 $1.740.00i $0.00 $0.00 22 !SANITARY SEWER, 8", PVC SOR 35 82 L.FT. $30.00 $2,460.00 $31.65 $2,595.301 $0.00 $0.00 23 ;SANITARY SEWER, 6", PVC SDR 35 36 L.FT. $25.00 $900.00 $24.00 $864.00 $0.00 $0.00 ' 24 STORM SEWER, 12", C76 CLASS V 175 L.FT. $30.00 $5,250.00 $25.75 $4,506.251 $0.00 $0.00 25 TRAFFIC CONTROL 1 LUMP $5,000.00 $5,000.00 $5,285.00 $5,285.00 $0.00 $0.00 26 WATER SERVICE TYPE "K" COPPER, 1" 50 LFT. $20.00 $1,000.00 $15.75 $787.SOj $0.00 $0.00 27 WATER VALVE BOX AND COVER 4 EACH $200.00 ! $800.00 $385.00 $1,540.00 $0.00 $0.00 ! TOTAL $167,330.50 $223,260.65 $0.ool 12A Commission Meeting Date: June 13, 2000 Date: May 25, 2000 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Sale of Non-Buildable Lot in Sheldon Park SUMMARY OF REQUEST: To approve the sale of the vacant non-buildable lot designated as map number 24-31-28-255-001 to Mr. Jeffrey Ross of 1225 Langeland Ave. The lot has 40 feet of frontage, and is located between Roberts and Creston Streets. The parcel is being offered to Mr. Ross for $100. Currently Mr. Ross has 66 feet of frontage and wishes to obain the additional lot to add to his existing land and prevent littering. No other adjacent property owners are interested in purchasing the property. The sale is contingent upon Mr. Ross not owing any debts to the City. FINANCIAL IMPACT: The sale of this parcel will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution. COMMITTEE RECOMMENDATION: 5/25/2000 Resolution No. 2000-58 ( d) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A NON-BUILDABLE LOT IN SHELDON PARK FOR $100. WHEREAS, Jeffrey Ross has deposited $50 for map# 24-31-28-255-001, for the subject parcel located between Roberts and Creston Streets; WHEREAS, Jeffrey Ross will pay the balance of $50 for the purchase of map# 24-31-28-255- 001 upon commission approval; WHEREAS, the sale would relieve the City of further maintenance costs; WHEREAS, the sale is consistent with City policy regarding the disposition of non-buildable lots; NOW THEREFORE BE IT RESOLVED, that map# 24-31-28-255-001 be sold to the above- mentioned buyer. (Pomona Park Addition Lot 14 BLK 5) Adopted this 13th day of June, 2000 Ayes: Spataro , Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki Nays: None Absent None CERTIFICATION I hearby certify thatthe 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 June 13, 2000. . / 1, • By: - - - ' l ~ =' - -~--'--=---=-c....:::OJ-N\. :::_;::_~~ " - Gail Kundinger I I I 11 I I IIIIIII II I I ' Francis Ave. Francis Ave. i,11,1, - - ' I I I I I I I 11 I " - 11 111 I I 11 I 11 I 11 I I I I I I I Langeland Ave. i Ma,# 24-31:8-255-001 ~ ~I I JI I 1111 1 11 I I 11I 11 1 I 1~ - 1 i 1~ 1 1 1 11 I I 1 1 1 I I 1 1 1 1 1 Howard Ave. I 1 1 I ~ " 1 1 1111 1 1 1 Ii I 11 1 1 I ~ I I 1 1 I I I I 11 I ,~~~ ;1 1111 l; H 11 I I I 11 11 - ~ ~ Fl,w.,Avo. - ~~ 2 ~111 11 I 11 I (J) QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933 Terrace Street, Muskegon, MI 49440, QUIT CLAIMS to Jeffrey Ross, of 1225 Langeland, Muskegon, MI 49442 The following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: Pomona Par Addition Lot 14 BLK 5. for the sum of One hundred ($100) Dollars. This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this /,,JJ/2 day of June 2000 Signed in the presence of: CITY OF MUSKEGON STATEOFMICIDGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this AM1_ day ofi?l~<iooo, by FRED J. NIELSEN and GAIL A KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: G. Thomas Johnson Patmenter O'Toole Notary Public, Muskegon County, Michigan P.O. Box 786 My commission expires: 7 - d <- Cl ,R Muskegon, Ml 49443-0786 Telephone: (231) 722-1621 When Recorded Return to: Grantee Send Subsequent Tax Bills to: Grantee Date: 6/5/00 To: Honorable Mayor and City Commission From: Randy Smith, Equipment Supervisor DPW RE: Purchase cf Budgeted Equipment for 2000 SUMMARY OF REQUEST: Approval to purchase one air compressor from Hasper Equipment for $10,690.00,. Two dump boxes/scrapers from Allied Truck Equipment for $34,986.00, one ffat bed and lift from Cannon Engineering and Equipment for $17,467.00, one used manlift from Hasper Equipment for $13,500.00, one Pothole Trailer from Miller Equipment for $12,000.00, one skid loader and mil! from Pell's for $28,400.00, one used semi tractor from Ryder for $18,300.00 and one service body and crane from Truck & Trailer for $12,390.00. FINANCIAL IMPACT: The total for all purchases, $147,733.00, will come from the Equipment Fund. BUDGET ACTION REQUIRED: None, All items are below budgeted amount. STAFF RECOMMENDATION: Approval of all low bidders as described above. Semi Tractor Bid Model Ryder Worldwide $18,300.00 Ford LTA-9000 (94) Roddy's Trucks $28,900.00 Ford LTL-9000 (92) $21,900.00 Western Star (90) Mosers Sales $21,900.00 Ford LTA-9000 (94) Budgeted Amount $40,000.00 Replacing unit 50181, 1978 w/200,000 miles. This unit will be used to transport City equipment to various jobs, and haul rental equipment when needed. We also hope to purchase a lead trailer for hauling sand, snow and sweeper dirt. Which we currently do with smaller trucks or outside contractors. This will help us reduce hauling cost in the future. May 30, 2000 Kuhn,Bob DPW Sir, Both myself and Roger have put a great deal of effort in to the searching out what we feel is the perfect candidate for a replacement of our current semi tractor unit #5018'1, a 1978 GMC Brigadier. The cab and cab mounts on 50181 are deteriorated badly to the point where we don't feel comfortable in the operation of that unit anymore. The unit we have chosen as the right tractor for our needs is a 1994 Ford LTA-9000, this unit has a 34066 330 hp Caterpillar engine, Fuller 10 speed transmission, a 4.10 rearend ratio and is in outstanding condition. When this truck was bought new, I was in the employ of Ryder, the trucks current owner, I have seen all the service records and really believe that this unit will give us many years of trouble-free service, When we have a servica or sewer break we sometimes don't have time to wait, we need to get our" equipment out to the jobsite, it is imperative that we have a reliable semi-tractor to use to haul our equipment at a moments notice. The asking price on this unit was 21,300.00; a final pii_ge,.0($18,300.00 was arrived at before we left their sales facility. Thankyou Andrew J. Twork/Equiprnent Division Thank you, Andrew J. Twork Equipment Leadman Other units considered by us and comparably equipped as the above unit. Roddy's Trucks, Wayland 1992 Ford LTL-9000 with a price of $28900. 00 1990 Western Star with a price of $21,900.00 Masers Sales, Berne Ind. 1994 Ford LTA-9000 with a price of $21,900.00 72021589 -C::Ryder. Vehicle Number: · · Serial Number: 491638 1FDYY95X8RVA11538 Used Vehicle Sales Date Sold: 5/15/2000 Sold To: G.R. USED TRUCK CTR 3316 12TH STREET CITY OF MUSKEGON WAYlAND, MICHIGAN 49348 1350 EAST KEATING (616) 792-3500 MUSKEGON, Ml 49442 (231) 724-6937 Chassis 1994 FORD LTA9000 Sales Price: 18,300.00 _ _ .. :,~- ,,,,.,}_e·•···J"f,"'.,....,e. Unexpired FHVUT: ""-45.831'1'-'·"'"..1•'~ '· •~ Odometer Reading: 287,177 Unexpired License: 0 Sales Taxes: .00 Additional Charges (A) .00 Less: Credits (A) .00 Total Payment Due: 48';5~ I e,300"'- Odometer Disclosure Statement Federal law (and State !aw if appllcable) requires that you state the mileage upon transfer of ownership. Failure to complete or providing a false statement may result in fines and/or imprisonment. Ryder Truck Rental, Inc. states that the odometer now reads 287177 miles and to the best of its knowledge that it -reflects the actual mileage of the vehicle described herein, unless one of the following statements is checked. D (1) I hereby certify that to the best of my knowledge the odometer reading reflects the correct amount of mileage in excess of its mechanical limits. Q (2) I hereby certify that the-odometer-readlrlg is NOT the actuai mileage. WARNING - ODOMETER DISCREPANCY The undersigned transferee certifies that (s)he has received a copy of the above Odometer Disclosure Statement. )<_ Transferee's Signature: Purchaser ---------- Print Name By: e::--~ Transfer~"e'rrrtiek-Rentaf,~- --,, Assumption of Risk of Loss The UNDERSIGNED hereby assumes the risk of loss from any physical damage, theft, or loss of or to the Vehicle that occurs on or after the Date Sold above. X ,·=--------------- . Transferee's Signature: Purchaser Print Name Bill of Sale IN CONSIDERATION of the Sales Price, Ryder Truck Rental, Inc. ("Ryder') hereby bargains, sells and conveys to the Purchaser the above described vehicle ("Vehicle"). EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN LIMITED WARRANTY AGREEMENT EXECUTED BY AN AUTHORIZED REPRESENTATIVE OF RYDER, THE VEHICLE IS SOLD AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE APPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RYDER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE. By: f,,,_._. "'Transferee's I- Signature: Purchaser Print Name Transferor: Ryder Truck Rental, Inc.· Delivery Receipt: The undersigned has accepted delivery of the Vehicle on behalf of the Purchaser and has examined the Vehicle and found no defects or damage, except the following: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Transferee: CITY OF MUSKEGON Air Compressor Bid Model Hasper Equipment $10,690.00 Ingersoll Rand Hammersmith Equipment $10,695.00 Sullair Burke Equipment $10,706.00 Sullivan United Rentals $11,590.00 Sullair Colwell Equipment $11,000.00 Atlas Copco -- Budgeted Amount $15,500.00 Replacing 70059, 1989 w/1600 hours. Scheduled replacement, old unit will be sold at auction. Utility Body W/Crane (30529) Bid Model Gair & Sons Equipment Inc. $ 5,316.25 Warner W108IM $ 8,135.00 Venturo ET10 KX $13,451.25 Cannon Eng. And Equip. $14,748.00 Reading 108DADW Autocrane 3203-PRX-15 Truck & Trailer Specialties Inc $ 5,152.00 Stahl 108WD $ 7,238.00 Liftmoore 3200REE 15 $12,390.00 Budgeted Amount $13,300.00 Replacing unit 30529 sewer lift station maintenance truck, 1993 w/95,000 miles. Unit will be sold at auction. Mar,24. 2000 I :07PM No,4514 P. I TRU'cK & TRAILER ~ecla.#Je.s; ?nc. 11728 Hanna Lake Rd,, S,I!, • Dutton, Ml 49316 Bueineea, (11111) 896,8315 • PAX! (6161 698•0972 March 24, 2000 QUOTATION FOR CITY OF MUSKEGON Attn: Randy Smith Stahl Challenger Service Body (For: Dodge w60"CA-4x4/dual) Model 108VVD 108" long, 39" high, 96" wide 54" floor width, 21" deep compartments Treadplate step bumper wlrecess for ball mount ICC light kit w/light mount boxes 50001b cra11e support in rear curbside compartment 12-gauge treadplate floor Body is constrncted of galvanneal steel __ Body painted 5"!lew per city paint code w HF If.:_ *.. Installed Price $5,152.00 Liftmoore Model 3200REE1S .Power rotation, power boom elevation Power extension from 7' toll' manual extension from ll' to 15' Boom rest 62' long, ¼" aircraft cable Remote pendant control 10,000ft lbs moment rating 3200lbs at 3ft 1428lbs at 7ft 909lbs at 9ft 666lbs at l 5ft Jack stand ***Installed Price $ 7,238.00 Submitted By ~oger Hill Cit}' ot' Musk~gol\/Quotutfona/Oac 0 3 <:?-6 _J O<J 'h / I Skid loader I Asphalt Mill Bid Model Colwell Equipment Comp. $23,725.00 Thomas T17311Is $ 9,495.00 18" mill $ 331220.00 Pell's Equipment $18,900.00 Gehl SL4635 SXT/DXT * $19,900.00 Gehl SL4835 SXT/DXT * $ 8;500.00 Gehl CP416-16" $10,500.00 Gehl CP424=24" * $28,400.00 Cat Rental • $22,007.30 Cat 228 $11,665.23 Cat PC4-16" • $10,290.00 rv1ustang MP16-16" * $32,297.30 Wolverine Tractor and Equip, $17,500.00 Case 1840 . • $22,300.00 Case 1845C * $ 9,990.00 Coneqtec AP450 lii-18" $15,550.00 Alitec CX18ATD-18" * $32,290.00 United Rental $19,900.00 Scat Trak 1300CX $ '12,410.00 PH16-16H $32,310.00 $21,320.40 Bobcat 773G -~ $15,312.00 16" Mill $36,632.40 Budgeted Amount $25,000.00 Skid loader $10,000.00 Mil! $35,000.00 This is a new purchase for the City. The primary use of the skid loader is with the asphalt mill, which will be used for joint repair and small patch work . .A.llowing us to mi!I down high spots and do small spot repairs more efficiently. There are also many other uses for the skid loader itself, sand removal at the beach and general clean up in the parks or other tight spots where a larger machine won't fit, we have had to rent machines for these uses in the past. We tried out demo units of most of the above models and have decided that the larger Gehl unit will best fit our needs. SALES QUOT ATiON "Service Is Our Salesman" IrJ.~!h iFlfemont, /11118 9542 West 48th Street • Fremont, MI 49412 • Phone (231) 924-2510 • FAX (231) 924-5043 ~~~IoMrn _ .city. __.of_ Muskegon.,., .RandY---Smith om . . 5/2/00__ QUOTE VALID FOR _ _ _ DAYS. ADDREss ___ 1_3.50__ .K. .Keating____ ________________ _ CUSTOMER PHONE NO. -· • _ ------------ ,~ lit"' __ __Muskegon, __ML--49442___ ·-· ·······--- SALESMAN Rodney .Pell. -·--·------ DESCRIPTION PRICE r.ehl CT A"3'i c,vm/nY'l' ~•-' ,a, ... r..: ,l..1,-, i:;7 hn ~..: 0 0 0 1 -=-.: = .... 1,-,..: --i... -F1 -~- tl R onn nn ~ u 11 c.c:: 10 no y 1 "'· 5 h,... ............. ,.:i •• .i.- ..... .i....: .............. 68" r!-ly,t-/,....,...,nstru,-,+-lon - - • .!.Ll- ~-·i7f- r"\Y\ ,..,,,+-+-lvv•r ,...,.;:i,....,.._ , n..,.,,...]r ,~ ...... ::::i 1 :::i IY .,._,.,...,..,:,..,..1-,-4- 1~-if. Gehl SUl835 e·----'-- - - _, --------- ~~ ~ . ·+ ~,c nnn ~n ' rtf"'\T .n rff 7\ 1\Tii'D /\'I" . •n C'-<>hl C'PLll !'i r,-,1,, Pl~-~- H;n ..,,.,~ t::f"\ . • ' rnn nn Gehl CP424 Cold Planer 24" wide, 72 r>ics t10 500.00 Ontions: '-'··' '---·- ,.; t- nnr nn TRADE-IN TRADE ALLOWANCE TOTAL ROYAL 414 Printed in USA 4 Ton Pothole Trailer Bid Model Burke FqLJ_ipment _________ $16,215.00 Aeroil --~- Spaulding Mfg. Inc. $13,400.00 RMV (demo) $13,650.00 RMV (new) Milier Equipment Company $12,000.00 Chausse Budgeted Amount $12,000.00 Replacing unit 70014, 1989. Scheduled replace old unit will be sold at auction. Electric Maniift (used) Bid Model Hasper Equipment Company $13,500.00 Marklift 40' (93) Burke Equipment Company $19,725.00 JLG 30' (new) $19,225.00 JLG 35' (95) $16,950.00 JLG35' (94) AIS Rental Corp. $28,750.00 Upright AB38N (new United Rental $18,500.00 SJKB-40i (97) -- Budgeted Amount $25,000.00 Replacing 70092. 1972 scissors lift. The new unit has a articulated boom design which will make it much better suited for our needs, it will reach out to the side instead of only straight up. This unit is used for building maintenance at the DPW and other city buildings. ~ SvbS1d1(,)ty of CjO\o'eldol~ Ec;u1pment C 0 3662 Alr!U\e Muskegon, M! -49«4· CLO~D4LE 616,iJ9,9525 ~ax 61$,733•4601 To: C,1,[r'. Or /11, cJS/q;;""&>AI - {) P'-iJ Date: 4 - 3 - <:JI) / 3 Su r3', /:+"1f'rt dlG OrderNo. - - - ~ - - - - - - - - Sales Person J I ~ NOst" rft.f' Attention: P.,/lc,vgfl ·~rt r we propose to furnish you with the foliowing: ---=--=:=;;;:=:=;=:st= ·-==.===-. ====:=======----1"""""--·-=---------=:=------- --- - I 1'l"A useD HA ru:i-1,::r MoOf!Z. /./I k.t!i ~ c . A{!.{rC(;c./(-{7JJ,r &o,:),'1 uf:i, ( AlDi{;: Hf/JU.v.;;t iu.45 />v/Wt,'\$/:\1) 1,f ~ i4'-'i) l]-(15 1.S / Dt:Vi7cAL Tc> --(1,{G" CJ.Jftfl-8V1 "fb'/¼,J' /1-JO~'t, 7"4 -'(O ), -r]-1~ U/\11 'r I NUA;/JfS : ~ ~d M-4)(. A-4-TR::it11 Ht:76UT A.NO J7' 3 ,, Hif")t Ho#,/;,,,vN-1. kW-ii .,. 'i"C: ~bII II l1A-:,i W iDi'I( />~ Ul/'A<,;lf' ,1-,<it) 4 ~ '' ~ S'J ,, !>111 t">V>lO,V ~ 3"o M?/41- Ci)AJ Tl 1J&vs -rv/!.lt.f:"'i' Ao Dk711 ,<,' 0 ' J~ /t-'lt e,:11,(.,'¼M_ - I S' Y-.15,· )(. < Sc)l.( t, "ti,tr,, -4 u,, O'ntt\Z Si7!.v-M-i,,i f::/,,'-.f-t'Vtuc" - lttq 3 ¼ll.J(;t ' 5N :S-'tt/.a - {po Mi-' Lu44,f-vi1/ ?Mr., ;'W() t-l!&a - 107il-1,, ; ('0;:, bf'w '1 A-~-0 bt'1,tut'll-'.' , J , ':> M \-'s Terms: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Shipping To___ Instructions: _ _ _ _ _ _ _ _ _ __ Address._ _ _ _ _ _ _ _ _ _ _ __ v~------------ wm Ship 0n Acceptanc,; --------- The above!$ hereby a~~epted this _ _ _ day of _ _ _ _ _ _ 19__ and ~gree to the terms on lhe reverse side. Purchaser Hasper Equipment By_ __ Lonstrucr,on Eou,omenr Scles. Servicc-::e-,,P""a"'rts"'&....,,..Re""n""to"'1s------·--- Flat Bed I Manlift (traffic) II ~ Bid --·-·., .. l\t1odel Trl.ilck & Trailer Specialties inc. $18,436.00 Midwest 12' Duralift DT-25FP Carmon !Eng. And !Equip. $17,467.00 Reading R 1OD Versa lift Tel29N Gair & Sons Eq11.1ipment $20,273.00 Parkhurst 12' Duralift DT-25FP Budgeted Amount $18,000.00 Replacing 30534, 1994 w/41,000 mites. The old unit is a standard pick up that will be move to a different department. The new unit is a flat bed, similar to the other unit already in use in the traffic department, with the addition of a small man lift to do street sign repair and replacement. 2 Dump Bodies I Scrapers (plow trucks) Bid Model Truck &Trailer Specialties Inc. $19,654.00 Each $39,308.00 Crystee!/Monroe Allied Truck Equipment $17,493.00 Each $34,986.00 Gallion/Root $17,953.00 Each $35,906.00 Henderson/Root Shults Equipment Inc. $24,496.00 Each ~§,992:QQ_ Gallion/Root ---- 1----------------- ---·-·- - - - -- ... . Budgeted Amount $48,000.00 This is chassis mount equipment for Plow trucks already approved and purchased. ;I,.\ Commission Meeting Date: June 13, 2000 Date: June 6, 2000 To: Honorable Mayor and City Commissioners From: Planning & Economic Development cAb 0 RE: Purchase of Property from West Michigan Steel for the Muskegon Lakeshore Trail SUMMARY OF REQUEST: Approval of resolution and purchase agreement for property owned by West Michigan Steel, which is required for the Lakeshore Trail (see enclosed map). The purchase price is $40,680.00 which is the appraised value of the property. Through this agreement, the City will also be agreeing to, at the time of trail construction, lower the elevation of the berm now existing on the premises. The City will also be agreeing to lease the lakeward portion of the remaining property from West Michigan Steel for $1.00, and to construct a fence along the trail, on the non-lakeward side. These stipulations are identical to those from the purchase of trail property from Kirksey Investment Corp., which was approved by the City Commission in January, 2000. The purchase agreement has already been signed by West Michigan Steel. FINANCIAL IMPACT: Purchase will allow the Lakeshore Trail project to continue. The price for the property is $40,680.00 and the purchase will be completed with funds received from the sale of the Chase Hammond Golf Course. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends that the Mayor and Clerk sign the resolution and purchase agreement, and recommends that the City Commission authorize staff to complete the purchase according to the terms of the agreement. COMMITTEE RECOMMENDATION: None 6/6/2000 ---~---- - ' ... - ...... u ...... ..-t:1;:,,1. Nort-h 62 degrees 10 minu-t;es 0.1 · s--ecqi; thence South 87 degrees •t2- miD,µte _4,( feet; thence North 71 d.egrees--3-9 mi:i: 169.45 feet; thence South 53 deg seconds East 104.89 feet; thence ; minutes 44 seconds East 60:4.1,j fe1 degrees 31 minutes 4·4 sec_onds Ra$t South as degrees 27 minute$ 16 seoc thence ·North 36-degr_ees 27 niintiteiii-~~ feet; thence. North 53 degrae.s . -5·7, min 94. 21 feet; thence Sou.th '11 degrees.· 3 West 164. 14 feet; thence Nor.tn, 87-' di seconds West 125.42 feet; then_:ce- -~ minutes 01 second West 205·.2:9- fee ~· / beginning·, \ 126.81' /N33°32'57"',{ sa10.42' 46"E / 18,08' N87'>42•46~W 125.42' \ "(m 853"57 '29"E 104, 89' \ MUSKEGC HARTSHORN MARINA 61 -10-25- 200-006 I sas 0 2.1 '16"\i 8.34' I I h'EST MICHI6AN STEEL PROPERTY I WATERFRONT 61-10-2.5-200-001 I 61-10-2! KIRKSEY PROPERTY I s1-10-2s-100-002. I I I \ I \ \ f'"' "' "'----- \ '-,__ -----:::_ /\ / \ / \ \ \ \ SE CORN! \ BLOCK 5: \ CITY OF MUSKEGON RESOLUTION 2000-58(9) RESOLUTION APPROVING THE PURCHASE OF TRAIL PROPERTY WHEREAS, the City of Muskegon is in the process of purchasing properties for the Muskegon Lakeshore Trail project, and the West Michigan Steel property has been identified as necessruy for the project; WHEREAS, the purchase of this property from West Michigan Steel would allow the trail project to proceed; WHEREAS, the City of Muskegon has made a commitment to the Michigan Department of Natural Resources to purchase specific trail properties as part of the conversion of the Chase Hammond Golf Course property, and the subject property is included in that commitment; WHEREAS, West Michigan Steel has signed a purchase agreement for the property at the price of $40,680.00 for the 16-foot strip; WHEREAS, the City of Muskegon is agreeing to the provisions of the purchase agreement, including lowering of the berm elevation at the time of construction, construction of fencing, and leasing the lakeward portion of the remaining property; NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon agrees to purchase the subject property identified in the attached survey and legal description at a cost of $40,680.00. Resolution adopted this 13th day of June, 2000. Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki Nays: None Absent: None ielsen, Mayor Attest: _J_~~:::'._::.?~L . . !. .j/~!=~~~:1::,~- Gail A. Kundinger, Clerk CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on June 13, 2000. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By Gail A. Kundinger, Cler1 2000-58(g) REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made June 13 2000, by and between WEST MICHIGAN STEEL CORP,, a Michigan corporation, with offices at 1148 W. Western Avenue, Muskegon, Michigan 49440 ("Seller"), and the CITY OF MUSKEGON, of 933 Terrace, Muskegon, Michigan 49440 ("Buyer"). 1. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property ("Premises") specifically described as: See legal description attached as Exhibit A; subject to the reservations, restrictions and easements of record, provided said reservations, restrictions and easements ofrecord are acceptable to Buyer, upon disclosure and review of the same, and subject to any governmental inspections required by law. 2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be Forty Thousand Six Hundred Eighty Dollars ($40,680), payable in cash to Buyer at closing. 3. Taxes and Assessments. All taxes and assessments which are due and payable at the time of closing shall be paid by the Seller prior to or at closing. All taxes and special assessments which become due and payable after closing shall be the responsibility of Buyer because the Premises is part of a larger property. The parties agree that, in addition, the Seller shall pay in full all taxes due in 1999, including those billed on December 1, 1999. 4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to closing, a commitment for title insurance issued by Transnation Title Insurance Company for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements ofrecord disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, the Seller shall have forty-five (45) days from the date Seller is notified, in writing, of such unreasonableness of restriction and such unmarketability of title to remedy such objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or remedy the title within the time above specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at the Buyer's option. The premium for the owners title policy shall be paid by Buyer. G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2,PA - 1- 5. Personal Property and Fixtures. All personal property and fixtures which the Seller wishes to remove shall be removed on or before closing. Any personal property which is left on the Premises shall be the property of the Buyer, who may dispose of same. 6. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full termination of this Agreement. Buyer may elect to purchase the Premises subject to said encroachment or variation. 7. Environmental Matters. Seller represents and warrants to Purchaser as follows: a. To the best of Seller's knowledge, the Premises have been used and operated in compliance with all applicable federal, state and local laws and regulations related to air quality, water quality, waste disposal or management, hazardous or toxic substances, and the protection of health and the environment. b. Seller has not disposed of any hazardous or toxic substances on or in the Premises, but the premises has been characterized as part of a "Facility" under Michigan law. The Premises may constitute a facility because of historic fill materials in or in the vicinity of the Premises. Seller is unaware of any plume of contaminated groundwater in or affecting the Premises. c. The Premises does not include any "underground storage tank," as that term is defined by state or federal law. Such representations and warranties shall be deemed to have been made again by Seller as of the closing. Seller agrees to indemnify Purchaser and hold it harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but not limited to reasonable attorneys' fees, resulting from any misrepresentation or breach of the warranties set forth in this paragraph. The representations, warranties and covenants set forth in this paragraph shall survive the closing. 8. Condition of Premises and Examination by Buyer. SUBJECT TO THE ABOVE REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2,PA -2- TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT, ALSO SUBJECT TO THE WARRANTY OF BUYER THAT NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, TAKING INTO ACCOUNT THE REPRESENTATIONS OF SELLER. 9. Specific Use Provisions. The parties agree to certain use provisions and contingencies which will survive the closing: 9 .1 Lease of Additional Property. The Buyer intends to use the Premises for a walking/bike trail. Because the Premises is located between the Seller's facilities and the shore of Muskegon Lake, and both parties are interested in public and general access to the lake, Seller will execute a one year lease which shall be automatically renewed for one year terms, for total rent of One Dollar ($1) to the City for the property ("Lakeward Property") between the Premises and Muskegon Lake, which lease will provide that, the said Lakeward Property shall be reserved by the City for public access to the lake. The lease shall be terminated upon written notice given by either party to the other six months before the end of any term or renewal term. The terms of the lease shall be acceptable to Buyer and Seller. 9 .2 Berm Alteration. The Buyer shall, at the time of constructing the trail, lower the elevation of the berm now existing on the Premises or in the Lakeward Property to afford a clear view at ground level of Muskegon Lake, said construction cost for the berm work not to exceed the sum of One Hundred Ten Thousand ($110,000) for the lowering of the berm on the Seller's property and that of Kirksey Investment Corp. combined. 9.3 Fence. The City shall construct a fence along the trail on the non- lakeward side thereof. 9 .4 Relocation of the Trail. In the event future development by the Seller of facilities on its remaining property is contemplated and arranged, the Seller may request relocation of the trail on the remaining property of Seller from which the Premises has been conveyed, and Buyer may consent thereto and determine conditions for the relocation. 10. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2.PA -3- 11. Closing. The closing date of this sale shall be on or before _ _ _ _ _ __ 2000, ("closing"). The closing shall be conducted at Transnation Title Insurance Co., Muskegon, Michigan. If necessary, the parties shall execute an IRS closing report at the closing. 12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at closing for the Premises. 13. Affidavit of Title. At the closing, Seller shall deliver to Buyer an executed Affidavit of Title. 14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of closing. 15. Costs. Buyer shall pay the costs of closing, including transfer tax, except the costs involved in removing any encumbrance on the property. 16. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between the Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e. Successors. All terms and conditions of this Agreement shall be binding upon the parties, their successors and assigns. f. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the closing and continue in full force and effect after the G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2.PA -4- consummation of this purchase and sale and continue until all liabilities of Buyer have been fully satisfied. h. Modification of the Agreement. This Agreement shall not be amended, except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES: /!Auk fJ?, lJt!t#c TIDNumber: 7..S-- 0/290 ,2.73 G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2.PA •5• EXHIBIT A LEGAL DESCRIPTION G:\COMMON\5\GTJ\C.TRAIL\WMSTEEL2.PA AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 6/13/00 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: May 23, 2000 RE: Muskegon Summer Celebration - Request to Waive Fees SUMMARY OF REQUEST: To approve a request from Muskegon Summer Celebration to waive fees for City services for the 2000 celebration. FINANCIAL IMPACT: Cost of services of approximately $60,000 annually. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request. COMMITTEE RECOMMENDATION: None. O:COMMON\DEPTMENnADMlN\11..GNDAFRM JMS- 0: (SUMMER CELEBRATION - 2000 FEES) S U M M E May 19, 2000 Mr. Bryon Mazade C/ o City of Muskegon PO Box 536 Muskegon,MI 49443 Dear Mr. Mazade, The Muskegon Summer Celebration humbly requests that the City waive all fees for services provided for this year's festival, June 29 through July 9. The services include police, fire, DPW, and leisure services. Upon completion of the financial reports from this year's event, our Board of Trustees will discuss a possible reimbursement to the City for overtime expenses. As always, the City's support of the Muskegon Summer Celebration is greatly appreciated and has contributed to the financial stability of the event. We want to make sure the festival will be part of Muskegon's summer season for years to come. Thank you very much for your consideration. Sincerely, Joe Austin cc: Tim Achterhof£ MiW 2 ~; 2000 , _____________ MUSKEGON .CII :V. MANAGEn•s.· OF.F:IC~ 587 West Western Avenue • Muskegon, Michigan 49440 ® Phone (231) 722-6520 • Fax (231) 722-611 2 www.summercelebration.com AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 6/13/00 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: May 23, 2000 RE: Knight Consulting - Revised Agreement SUMMARY OF REQUEST: To enter into a new agreement with Knight Consulting for state legislative and administrative consulting services. The City has been using services from Knight Consulting since 1995. FINANCIAL IMPACT: Cost increase from $1,000 per month to $2000 per month. BUDGET ACTION REQUIRED: The budget will need to be amended after the 2nd Quarter to accommodate this change. STAFF RECOMMENDATION: To approve the attached agreement. COMMITTEE RECOMMENDATION: None. O:COMMON\DEPTMENnADMIN\Jl..GNDAFRM JMS - 0: {KNIGHT CONSULTING - UPDATED AGREEMENT) 2000-58(i) KNIGHT Consulting RETA.INER AGREEMENT TIIlS AGREEMENT, made and entered into this I st day of July 2000 by and between Knig!,t Consulting, a Michigan business with its principal office located at 115 West Allegan, Suite 200, Lansing, Michigan 48933-1314 (hereinafter called KC), and City ofMu!!kegon (hereinafter referred to as CLIENT.) I. KC accepts employment and retainer and agrees to provide the foHowing services in the following order of priority to the CLIENT: A. Monitoring oflegislative arid regulatory activities of the Michigan Legislature. B. Representation ofCLIENTs goals in the legislative and administrative process and assist with special projects sought by the client and mutually agreed upon by the CLIENT and KC. C. The scope of this RETA.INER AGREEMENT shall include lobbying as defined by Michigan Law and registration as a lobbyist for the CLIENT if required by state law or regulation. 2. The file and work product materials of the CLIENT shall be maintained by KC in Lansing, Michigan. 3. lt is uhderstood and agre~d that KC operations hereunder are those ofan independent contractor, and that KC has the authority to control and direct the performance of the details-ofth!! services to be rendered and performed and it is further agreed that KC 's employees are not employees of CLIENT and KC is not, except as herein provided, subject to control by CLIENT 4. KC hereby agrees further and commits as follows: (a) That KC shall u~e due diligence in representing CLIENT and its interests in all the above- described matters, as well as other matters agreed to be assigned to it. (b) KC shall avoid all conflicts of interest and advise CLIENT of any potential conflicts of interest when they are reasonable foreseeable. (c) KC shall regularly inform CLIENT of the progress and all-material developments concerning any matter in which KC represents CLIENT. (d) KC shall comply with all laws and regulations affecting KC's representation of and acts on behalf of CLIENT. COMPENSATION: For and in consideration for such services, CLIENT agrees to pay KC and KC agrees to accept during the terms of this Agreement, the sum of$2000.00 commencing July I , 2000 and there after due and payable on the first day of each month. Pagel 11 5 W. A ll egan, Suite 200 • Lansing, M l 48933-1783 • Phone: (5l7)_484-69 17 • Fax: (517) 484-7037 COSTS AND EXPENSES: It is understood and agreed that the compensation of$2000.00 per month includes usual and ordinary costs and expenses. Travel expenses at the request of CLIENT shall be assumed by CLIENT. If it develops that KC shall be exposed to extraordinary costs and expenses, then in the event, CLIENT shall assume and pay the same, providing the nature and circumstances thereof are disclosed to and approved by CLIENT prior to the time the same are incurred. TERM OF AGREEMENT: The term of this Agreement shall be for the period beginning July 1, 2000. This Agreement may be terminated with a written thirty- (30) day notice from either KC or CLTENT GENERAL PROVISIONS AND CONDITIONS (a) KC represents that he is a registered lobbyist under Michigan State law and complies and will comply with all the laws and regulations regarding his activities as contemplated by, this agreement. In the event his registration is suspended, terminated or questioned in any way by the State or an agency of the State, tbe said fact shall be immediately made know to CLIENT by written notice. (b) CLIENT shall not request any action by KC by which would violate any law or regulation of the State of Michigan or any federal or local law. (c) NO TffiRD PARTY BENEFICIARY. No other person or entity shall have the benefit of this agreement. (d) ENTIRE WRITTEN CONTRACT. This agreement constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, with respect to the subject matter hereof (e) PUBLIC RECORD. This contract may be exhibited for examination by any person as the law may require, It is subject to the freedom of information act of the State ofMichigan. (f) MICHl&'AN LAW. This agreement shall be construed and enforced in accordance with the laws of the State of Michigan applicable to contracts made and to be performed within the State ofMic~igan. NON-ASSIGNABILITY: This Agreement shall not be transferable or assignable by operation of law or otherwise. JN'WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above. Fred ·J . Mayor Page2 95-023 (u) RETAINER AGREEMENT THIS AGREEMENT, made and entered into this 1st day of / fO February, 1995, by and between Knight Consulting, a Michigan _/.i.~ t" business with its principal office located at 200 N. Capitol Cl'µ~P~~~ Avenue, Suite 803, Lansing, Michigan 48933 {hereinafter called MK), and the City of Muskegon (hereinafter referred to as CLIENT). 1. MK accepts employment and retainer and agrees to provide the following services in the following order of priority to the CLIENT: A. Monitoring of legislative and regulatory activities of the Michigan Legislature and Governmental Agencies. B. Representation of the CLIENT'S goals in the legislative and administrative process and assist with specific projects sought by the client and mutually agreed upon by the client and MK. C. The scope of this RETAINER AGREEMENT shall include lobbying as defined by Michigan Law and registration as a lobbyist for the CLIENT if required by state law or regulation. 2. The file and work product materials of the CLIENT shall be maintained by MK in Lansing, Michigan. 3. It is understood and agreed the MK's operations hereunder are those of an independent contractor, and that MK has the authority to control and direct the performance of the details of the services to be rendered and performed and it is further agreed that MK's employees are not employees of CLIENT and that MK is not, except as herein ·provided, subject to control by CLIENT. 4. MK hereby agrees further and commits as follows: (a) That MK shall use due diligence in representing CLIENT and its interests in all the above described matters, as well as other matters agreed to be assigned to it . (b) MK shall avoid all conflicts of interest and advise CLIENT of any potential conflicts of interest when they are reasonably foreseeable. (c) MK shall regularly inform CLIENT of the progress and all material devel0pments concerning any matter in whic h MK represents CLIENT. (d) MK shall comply with all laws and regulations affecting MK's representation of and acts on behalf of CLIENT. g tj \ knight . r e t Page 1 COMPENSATION. 1. For and in consideration for such services, CLIENT ~ agrees to pay MK and MK agrees to accept during the term of this -"1 Agreement, the sum of One Thousand Dollars ($,,ooo) per month dua°"~ and payable on the first day of each month commencing February 1, 1995. -r u#C.Ve,, I COSTS AND EXPENSES. -~ y rJ-"ir· l. It is understood and agreed that the compensation of · ,\' ;:,.-{)' ~ ?; ooo per month includes usual and ordinary costs and expenses. W('}'t> ~ r,.i"' Travel expenses shall be assumed by CLIENT at one (1) round t rip~ '<I ~ v\ per month between Lansing and Muskegon (214 miles round trip at '("0 ~ the mileage rate as established by the policy of CLIENT). If it develops that MK shall be exposed to extraordinary costs and expenses, then in the event, CLIENT shall assume and pay the same, providing the nature and circumstances therefore are disclosed to and approved by CLIENT prior to the time the same are incurred. TERM OF AGREEMENT. ~\ 1. This agreement shall tef minate any previous agreements, and shall begin February 1, 1995/. This agreement may be terminated with a written thirty (30) day notice from either MK or CLIENT . ~ ~ . ~.'.J-'v ~'\>~ },,v , ~')1/ ~,,~ \Jl"!d< Q>~~~ GENERAL PROVISIONS AND CONDITIONS. " A ft'~ ,>~...>-'r ~ (a) MK represents that he is 1-icensed and registered as a lobbyist under Michigan state laws and complies and will comply with all the laws and regulations regarding his activities as contemplated by this agreement. ~n the event his registration and licons.ure is suspended, terminated or questioned in any way by the State or an agency of the State, the said fact shall be immediately made known to CLIENT by written notice. (b) CLIENT shall not request any action by MK which would violate any law or regulation of the state of Michigan or any federal or local law. (c) No Third Party Beneficiary. No other person or entity shall have the benefit of this agreement. (d) .Entire Written. Contract. This agreement constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, with respect to the subject· matter hereof. (e) Public Record. This contract may be exhibited for examination by any person as the law may require. It is subject to the freedom of information act of the State of Michigan. gtj\knight,ret Page 2 (f) Michigan Law. This agreement shall be construed and enforced in accordance with the laws of the State of Michigan applicable to contracts made and to be performed within the state of Michigan. NON-ASSIGNABILITY. l. This Agreement shall not be transferable or assignable by operation of law or otherwise. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first written above. CITY OF MUSKEGON ' By Jll.ith;t~_il.lfU..,J.:.c.:....L:14,....l.!,~--- Theresa Malik-Krubel, Clerk M.L. ( 11 ic Knight Con lt1 g 200 N. capitol Avenue, Ste. 803 Lansing, MI 48933 gtj\knight.ret Page 3 Date: June 5, 2000 To: Honorable Mayor and City Commissioners From: Assistant Finance Directorfo RE: Liability Claim: Marine Tap Room/Steve Warmington SUMMARY OF REQUEST: On September 16, 1999 Steve Warmington owner of the Marine Tap Room at 1983 Lakeshore Drive, filed a liability claim against the City of Muskegon for damages and costs associated with a City main leak. Mr. Warmington and MMRMA have agreed on a settlement of this claim at $19,000. This settlement must be approved by the City Commission because of the dollar amount. FINANCIAL IMPACT: This claim will be paid from the City of Muskegon Retention Fund at MMRMA. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of MMRMA's recommended settlement. COMMITTEE RECOMMENATION: None .Mid\ig:111 ~11.ll\idp::t1 MANAGEMENT AUTHORITY · \ FACSIMILE TRANSMISSION · DATE: June 6, 2000 TO: Beth Lewis . . . City of Musk~gon Finance Department FAX#: 9'.1. ,2,i.,~~ "(.1G.f FROM: Frank R. Hughes, Claims Adjuster NUMBER OF PAGES·(Tnch1ding this transmittal page): _,;i_=-~ · MESSAGE Claimant: Marine Tap Room/Steve Warmington Date of Loss: 1-20-99 . . Our Occurrence No: 1999·11.1-082 OPDW (91259) f.aru: Tho owner of.the Marine Tap Roonr, reponed water entering his basemellt in February of 1999. The DPW investigated the problem .over the next several .months and even hired a leak. detection specialist to determine the cause. The investigation was inconclusive and the owner of the property involved was left with the assumption that ground water was the likely source and h.e should have his basement waterproofed. The owner attempted less expensive remedial measures first by installing a sump pump but this could not handle the volume of water entering his basement daily. He then invested $9,540 into waterproofing his basement and upon completion, water began surfacing at . the street. It was then determined that the source was a leak at the tapping nipple where · it connects to the main. TI1e tapping nipple is the- City's property and responsibility. A · copy of the DPW report is attacl1ed for review. . . · .• 1 Damages: . ·. · .... ·. . The property owner submitted a claim for $21,122 which includes damage to flooring, sump pump installation, waterproofing and daily clean up of water over .a period of seven months. until the problem was remedied. AdjustmenL~ were made to. the loss resulting in an agreed settlement with the property owner in the amount of $19,000 subject to the City's approval. · Liability: · . This clailn comes tinder the trespass exception to govcrnmentaLimm\Jnity. We have reviewed the issues involved in this claim and conclude that the remedial tneasurcs taken . to mitigate the dainage as well as the direct property damages are ~ompensable. Recommendation: . . .• We recommend settlement with the property· owner, Steve Warinington, in the amount of $19,000 as outlined ln this report. · · · ·. . . :. . PRH/sd 14001 Merriman• Livonia, Ml 48154 CLAIMS T()" j TA()" il~I f'l7• TT /734l 513-0300 • FAX [734) 513·0318 Michigan Municipal FORWARD TI-!IS REPORT TO: MMRMA CIAIMS 14001 Merriman, Livonia, MI 48154 MANAGEMENT Telephone (313) 513-0300 FAX (313) 513-0318 AUTHORITY CLAIM / INCIDENT REPORT Note: Use this form (l J to report any dairn which caused bodily injUJy or property dunage r (2) to report any incident wttldi has the potential lo cause bod,Jy injury or propetty darn..,ge. (l) Name of MernUCI (2) Oq:iartment (3) Phone Number (4 _R 8 CITY OF MUSKEGON FINANCE 724-57 3 (5) Exact ~tion of .Claim/Incident ~ ... (7) Time A.M. D P.M. •9~3 J O ~(1_Ab&10 ' _sLl& I b '. 5~---~----+---'--'-'~~~ PERSONAL INJURY Claim rJ Incident rJ PRO ERTY DAMAGE Chum • Licident Cl (9) Name~ Address of lnjU1ed Person or Cfaimat]t .._ 1---~.,).!'._l/,..<.JI:..,,___!.,1A-2~1Jc,).,_..\"""__J_J_y·W\D.J,c/'/ll\.1'.L/2'-'~"'"'-'-'---:,,..----1---w:c.ui1.t..L&L.~--=6:1t1,J,_,L1u1·,1.r..1,L1.1 ~-l'lb_.,,c'.'J.,.1.clh__j,./il,.JU,'LJJ;cJ>;_..f'- 16d--Lf o 'l),A,1~~---+--__l,l._JLN'-"--'ll'-'>---=1-0"'-A-<=B:'f2J.. ..L"'1.2_,dL=.1__,,,,,cu..u /16} Nature ol Dam~ge 7Y "- _ u~-......Llc.JLJ<-"!f-'"-" '\A ,,,.._, (10) Occup.ition (12) N.iture of Injury (14) Port of Body Injured (l8) Estimated Cost (19) Actual Cost (20) Witnesses I) - - - - - - - · - - - - - - - - - - - - - - - - - - - Phone. N!): _ _ _ _ _ __ Names and Phone Noc _ _ _ _ _ __ 2) - - - - - - - - - - - - - - - - - - - - - - - - 3) Phone No: _ _ _ _ _ __ Addre...sse.s 4) Phone No: (21) Describe dearly how the daim/incidenl occum:d (atl<X:h any supporting d,--ita) Evaluation {22) Loss Potential 0 Major • Serious • Minor (24) Suggestions or adions taken to prevent recum..'TICe LAWSUIT A. Date of Servke B. Method of Service {Personal or Ma~) C. Name of Person Served 26) Submittf'l'.:! by {Z/) Date {28) M.M.R.M.A. Reviewed (29} Date WHITE - Claim Service YELLOW - Loss Control PINK - Departmental G0WENR0D - Member Representative ED: 3fJ2 1...ew1s; El izab~tti From: Cousineau, Dan Sent: Monday, September 20, 1999 3:41 PM To: Lewis, Elizabeth Cc: Kuhn, Bob; DeFrench, Kelly; Smith, Dave Subject: RE: Marine Tap Room In early February the water/sewer department was contacted by Mr. Warmington who is the owner of the Marine Tap Room located at 1983 Lakeshore Dr. At that time he stated that there was water coming into his basement and requested that we come out and see if we could determine what the source was. After a thorough investigation in which we checked the water service to 1983 Lakeshore Dr., water services on both sides of said address, and storm sewers in the vicinity we came to believe that the problem may be due to ground water leaking through the basement walls. After some discussion it was further decided to contact a company that specializes in leak detection. We then had a company by the name of American Leak Detection come in and do their own investigation. After spending eight hours in which they hooked up their electronic equipment to all water services, water mains and fire hydrants in the same block surrounding 1983 Lakeshore Dr. there were not any leaks detected. In American Leak Detection's final report they stated in writing that" NO LEAK NOISES HEARD OR CORRELATED IN AREA ". Approximately in the month of July we were again contacted by Mr. Warmington and asked to come out again to 1983 Lakeshore Dr. as he was still having a problem with water leaking into his basement. We then drilled holes along the curb from the Mann St. to Moon St. along Lakeshore Dr. and also in the parking lot directly to the east of said address. It was determined that there was water at a depth of six ft. all holes with in the block. Because there was no water water rising up out of the drilled holes it was believed that the water in the holes was ground water and not a leak. At that time I informed Mr. Warmington that the problem he was having was due to ground water and that he may want to have his basement waterproofed. To my understanding the week of Sept. 13 he had that work done. and shortly after that water surfaced in the street in front of his business. We then excavated the site and found that there was a tapping nipple leaking on his water service where it was tapped into the 24 in. water main. It has since been repaired. If you need a copy of the invoice from American Leak detection I will get it to you or if you have any question give me a call. Thanks, Dan -----Original Message----- From: Lewis, Elizabeth Sent: Thursday, September 16, 1999 4:32 PM To: Cousineau, Dan; DeFrench, Kelly; Smith, Dave Cc: Kuhn, Bob Subject: Marine Tap Room Steve Warmington was in Finance today and filed a claim regarding a water leak he has had since January at his business Marine Tap Room. Today he was told the leak is in the City main. I am going to need a narrative from one of you detailing the chain of events leading up to today's finding. He has indicated that the City told him repeatedly it was a ground water problem and even told him he should have his basement waterproofed (which he did). Than ks, Beth Date: June 6, 2000 To: Honorable Mayor and City Commission From: Gail A. Kundinger, City Clerk f RE: Approval of Minutes SUMMARY OF REQUEST: Approve the minutes of the May 23, 2000 regular commission meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. COMMITTEE RECOMMENDATION: No recommendation. CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 13, 2000 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, June 13, 2000. Mayor Nielsen opened the meeting by introducing Reverend Tim VanderHarr of Central Community Church. Reverend VanderHarr offered the prayer after which members of the City commission and the members of the public joined in reciting the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioners John Aslakson, Jone Wortelboer Benedict, Clara Shepherd, Lawrence Spataro Absent: None Tardy: Commissioner Robert Schweifler {arrived at 6:15 p.m.) PRESENTATION: a. Muskegon Promise Program. Rick Witham of the Muskegon Promise Program thanked the City for helping the program be a success. The Youth Activity Directory was introduced and the web address for the program was announced. HONORS AND AWARDS: a. MML Level One Education Award. SUMMARY OF REQUEST: Present award to Commissioner Clara Shepherd for re- ceiving the MML Level One Award for Education. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the request. Mayor Nielsen read and presented the MML Level One Award for Education award to Commissioner Shepherd. b. Resolutions & Recognition. SUMMARY OF REQUEST: To concur with the actions of the Community Relation Committee. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval. Commissioner Shepherd read and presented a resolution to John Noling, Gov- ernment teacher at Muskegon High School. Mr. Noling is retiring. Vice Mayor Sieradzki read and presented a resolution to Julia Sands for her contri- butions to the Neighborhood Association. Commissioner Shepherd read the resolutions for the students that participated in the Youth Clean Up Day. Mr. and Mrs. Derrick Smith, Ted Russell, Tom Johnson and the O'Toole Law Firm, Donato's Pizza, McKinley Copeland and the Housing Commis- sion, Mrs. Givens and the Landlords Association, John Noling, Mrs. Thomas, Reverend VanderHaar and Central Community Church, Timmy Smith, and Billy Joe Shepherd all received resolutions for volunteering for the Youth Clean Up Day. Mayor Nielsen read and presented a resolution to Commissioner Shepherd for or- ganizing the Youth Clean Up Day. 2000-058 CONSENT AGENDA: Items listed under the Consent Agenda have been considered to be routine in nature and will be enacted in one motion. No separate discussion will be held on these items. If discussion of an item is required, it will be removed from the Consent Agenda and be considered separately. b. SECOND READING / Ordinance - Public Employee Health Care In- vestment Act. FINANCE SUMMARY OF REQUEST: To take actions implementing provisions of the "Public Employee Health Care Investment Act (PA 149 of 1999). This act authorizes the City to create a new fund for the accumulation and investment of funds to provide for retiree health benefits. The following actions are requested: 1. Adoption of the resolution establishing the "Employee Health Care Fund" in accordance with PA 149. 2. Adoption of the amendments to both the General Employees' and Police and Fire Retirement System ordinances which "freezes" the current method JUNE 13, 2000 2 of retiree healthcare funding and provides for future retiree healthcare funding to be done through the new fund. FINANCIAL IMPACT: None. The City of Muskegon has long been pre-funding re- tiree healthcare benefits in much the same manner as PA 149 provides. Adoption of PA 149 provides a firmer legal foundation for pre-funding and investing retiree healthcare assets. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval. c. Consideration of Bids - Roberts, Lawrence to Wesley. ENGINEERING SUMMARY OF REQUEST: The contract to construct Roberts between Lawrence & Wesley, using the asphalt bid, be awarded to Jackson Merkey Contractors, Inc. since they were in the lowest, responsible bidder with a bid price of $123,941.1 O. FINANCIAL IMPACT: The construction cost of $123,941.10 plus related engineering expenses. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contractors, Inc. d. Sale of Non-Buildable Lot in Sheldon Park. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of the vacant non-buildable lot des- ignated as map number 24-31-28-255-001 to Mr. Jeffrey Ross of 1225 Langeland Ave. The lot has 40 feet of frontage, and is located between Roberts and Creston Streets. The parcel's being offered to Mr. Ross for $ 100. Currently Mr. Ross has 66 feet of frontage and wishes to obtain the additional lot to add to his existing land and pre- vent littering. No other adjacent property owners are interested in purchasing the property. The sale is contingent upon Mr. Ross not owing any debts to the City. FINANCIAL IMPACT: The sale of this parcel will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign said resolution. f. Purchase of Budgeted Equipment for 2000. DPW SUMMARY OF REQUEST: Approval to purchase one air compressor from Hasper Equipment for $10,690.00, two dump boxes/scrapers from Allied Truck Equipment for JUNE 13, 2000 3 $34,986.00, one flat bed and lift from Cannon Engineering an Equipment for $17,467.00, one used manlift from Hasper Equipment for $13,500.00, one Pothole Trailer from Miller Equipment for $12,000.00, one skid loader and mill from Pell's for $28,400.00, one used semi tractor from Ryder for $18,300.00 and one service body and crane from Truck & Trailer for $12,390.00. FINANCIAL IMPACT: The total for all purchases, $147,733.00, will come from the Equipment Fund. BUDGET ACTION REQUIRED: None, all items are below budgeted amount. STAFF RECOMMENDATION: Approval of all low bidders as described above. g. Purchase of Property from West Michigan Steel for the Muskegon Lakeshore Pathway. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Approval of resolution and purchase agreement for prop- erty owned by West Michigan Steel, which is required for the Lakeshore Trail. The purchase price is $40,680.00 which is the appraised value of the property. Through this agreement, the City will also be agreeing to, at the time of trail construction, lower the elevation of the berm now existing on the premises. The City will also be agreeing to lease the lakeward portion of the remaining property from West Michi- gan Steel for $1.00, and to construct a fence along the trail, on the non-lakeward side. These stipulations are identical to those from the purchase of trail property from Kirksey Investment Corp., which was approved by the City Commission in January, 2000. The purchase agreement has already been signed by West Michigan Steel. FINANCIAL IMPACT: Purchase will allow the Lakeshore Trail project to continue. The price for the property is $40,680.00 and the purchase will be completed with funds received from the sale of the Chase Hammond Golf Course. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends that the Mayor and Clerk sign the resolution and purchase agreement, and recommends that the City Commission authorize staff to complete the purchase according to the terms of the agreement. h. Muskegon Summer Celebration - Request to Waive Fees. CITY MANAGER SUMMARY OF REQUEST: To approve a request from Muskegon Summer Celebra- tion to waive fees for all City services for the 2000 celebration. FINANCIAL IMPACT: Cost of services of approximately $60,000 annually. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request. JUNE 13, 2000 4 i. Knight Consulting - Revised Agreement. CITY MANAGER SUMMARY OF REQUEST: To enter into a new agreement with Knight Consulting for state legislative and administrative consulting services. The City has been using serv- ices from Knight Consulting since 1995. FINANCIAL IMPACT: Cost increase from $1,000 per month to $2,000 per month. BUDGET ACTION REQUIRED: The budget will need to be amended after the 2nd quarter to accommodate this change. STAFF RECOMMENDATION: To approve the agreement. j. Liability Claim - Marine Tap Room/Steve Warmington. FINANCE SUMMARY OF REQUEST: On September 16, 1999 Steve Warmington owner of the Marine Tap Room at 198 Lakeshore Drive, filed a liability claim against the City of Muskegon for damages and costs associated with a City main leak. Mr. Warmington and MMRMA have agreed on a settlement of this claim at $19,000. This settlement must be approved by the City Commission because of the dollar amount. FINANCIAL IMPACT: This claim will be paid from the city of Muskegon Retention Fund at MMRMA. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of MMRMA's recommended settlement. Motion by Commissioner Aslakson, second by Commissioner Schweifler to ap- prove the Consent Agenda with the exception of items (a) and (e). ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki Nays: None ADOPTED 2000-059 ITEMS REMOVED FROM CONSENT: a. Approval of Minutes CITY CLERK SUMMARY OF REQUEST: Approve the minutes of the May 23, 2000 Regular Com- mission Meeting. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. Motion by Commissioner Aslakson, second by Commissioner Spataro to approve the minutes of the May 23, 2000 Regular Commission Meeting. JUNE 13, 2000 5 ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Spataro Nays: Sieradzki ADOPTED Commissioner Benedict left at 6:25 p.m. e. Refuse Cart Purchase 2000. DPW SUMMARY OF REQUEST: To authorize the purchase of one truckload (560) for use as replacements as needed. This purchase would restock our inventory of replace- ments we keep on hand for damaged carts. We are requesting approval for placing the order now with delivery anticipated in July. Currently the Sanitation Department has 25 carts in stock. FINANCIAL IMPACT: Unit cost per cart $43.50 (560 per truckload)= $24,360.00. BUDGET ACTION REQUIRED: 2000 Sanitation Budget item, available balance of $25,000.00. Account # 101-60523-5700 (capital outlay equipment). STAFF RECOMMENDATION: Staff Recommends approval of the purchase with our current supplier Toter Inc. based on the City of Muskegon 10-year history and their new improved cart design. Motion by Vice Mayor Sieradzki, second by Commissioner Shepherd to authorize the purchase of one truckload of refuse carts for use as replacements as needed. ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson Nays: None Absent: Benedict ADOPTED COMMUNICATIONS: A memo from Glenn Eacker, Chairman of the Historic District Commission con- cerning 607 W. Clay Ave. was read to the Commission. CITY MANAGER'S REPORT: Bob Kuhn, Director of Public Works introduced the new Deputy Director of Public Works, Ken Meyer. 2000-060 UNFINISHED BUSINESS: a. SECOND READING - Rezoning Request for property located at 211 Irwin Ave. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to rezone property located at 211 Irwin Ave. (SE corner of Irwin Ave. and Hoyt St.), from R-1 Single-Family Residential to B-1, Limited Business. JUNE 13, 2000 6 FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the request due to compliance with the future land use map and Master Land Use Plan. The Planning Commission recommended approval of the request at their May 10, 2000 meeting. The vote was: Yes: Veltkamp, Abraham, Mazade, Nielsen; No: Sartorius, Coleman; Absent: Aslakson, Kleaveland, Smith Motion by Commissioner Aslakson, second by Commissioner Spataro to approve the rezoning from R-1, Single-Family Residential to B-1, Limited Business for property located at 211 Irwin Avenue. ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson Nays: None Absent: Benedict ADOPTED 2000-061 NEW BUSINESS: a. Purchase Cisco PIX Hardware Firewall for the Police Computer Network. POLICE SUMMARY OF REQUEST: Purchase a Cisco PIX 515 hardware firewall for the police computer network. This is a requirement of the Law Enforcement Information Net- work (LEIN) before we can connect to any outside network. We are now unable to attain connectivity between the police network and the city hall network or any other computer network. This firewall would also provide enhanced protection to all records on the system. The cost of the Cisco PIX 515 is $10,511.99, which we would pay with the 1998 Lo- cal Law Enforcement Block Grant (LLEBG) funds. BUDGET ACTION REQUIRED: None FINANCIAL IMPACT: Expend $10,511.99 of the money awarded under the 1998 Lo- cal Law Enforcement Block Grant, 98LBVX3225 and local ten percent match money. STAFF RECOMMENDATION: Staff recommends this purchase. Motion by Commissioner Aslakson, second by Commissioner Shepherd to ap- prove the purchase of a Cisco PIX 515 hardware firewall for the police computer net- work. ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Nielsen, Schweifler Nays: None Absent: Benedict ADOPTED JUNE 13, 2000 7 b. Purchase of Tax Reverted Properties from the DNR. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the purchase of the twenty-four (24) proper- ties, via the tax reversion process. Annually, the DNR circulates a list of tax reverted properties to municipalities, for their consideration and ultimate purchase. This years list consists of nine (9) buildable lots; ten ( 10) non buildable lots; three (3) houses that are on the demolition list (vacant land can then be sold for new construction); and two (2) houses that will be rehabilitated and subsequently sold by the Community Neighborhood Services Department. Both the CNS Department and the Inspections Department were instrumental in compiling the list. The total cost for the purchase of the land and homes is $740.00. FINANCIAL IMPACT: The City must expend $740 to acquire the properties. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign said resolution. Motion by Commissioner Spataro, second by Commissioner Schweifler, to ap- prove the purchase of the twenty-tree properties (451 White is excluded), via the tax reversion process. ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Nielsen, Schweifler, Shepherd Nays: None Absent: Benedict ADOPTED c. Amendment to Brownfield Plan - Set Public Hearing. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an amendment for the Brownfield Plan. The amendment is for the inclusion of Beacon Recycling, located at 2210 Roberts Street, in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact, although the expansion of Beacon Recycling will add to the tax base of the City of Muskegon. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk to sign the resolution. Motion by Commissioner Spataro, second by Commissioner Aslakson to approve the resolution for a public hearing on July 11, 2000 for an amendment to the Brown- field Plan to include Beacon Recycling, located at 2210 Roberts Street. ROLL VOTE: Ayes: Spataro, Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki Nays: None Absent: Benedict ADOPTED JUNE 13, 2000 8 d. Fireworks Display Permit - Summer Celebration. CITY CLERK SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is requesting approval of a fireworks display for June 29, July 4 & 9, 2000. Fire Marshall Grabinski has re- viewed the request and recommends approval contingent on inspection of the fire- works and approval of the insurance. FINANCIAL IMP ACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval Motion by Commissioner Aslakson, second by Commissioner Shepherd to ap- prove the fireworks display for June 29, July 4 & 9, 2000 contingent on inspection fo the fireworks and approval of the insurance. ROLL VOTE: Ayes: Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro Nays: None Absent: Benedict ADOPTED e. Fireworks Display Permmit - GVSU@ 740 Shoreline. CITY CLERK SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is requesting approval of a fireworks display for June 15, 2000. Fire Marshall Grabinski has reviewed the re- quest and recommends approval contingent on inspection of the fireworks and ap- proval of the insurance. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval, subject to Fire Marshall Grabinski's inspection and approval of insurance. Motion by Commissioner Schweifler, second by Commissioner Spataro to approve a fireworks display for June 15, 2000 contingent upon inspection of the fireworks and approval of the insurance. ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson Nays: None Absent: Benedict ADOPTED f. City Commission 2000-2001 Goals. ASSISTANT CITY MANAGER SUMMARY OF REQUEST: The City Commission held its annual goal setting session on Tuesday, May 31, 2000 and recommends the approval of the goals for the 2000-2001 JUNE 13, 2000 9 period. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the goals. The City Commission held a goal setting work session on May 31, 2000 and recommends approval. Motion by Commissioner Aslakson, second by Commissioner Schweifler to ap- prove the goals for the 2000-2001 period. ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson Nays: None Absent: Benedict ADOPTED ANY OTHER BUSINESS: Mayor Nielsen commented on the dogs on the beach. He would like the rangers to enforce the pooper scooper law. Vice Mayor Sieradzki suggested a general clean up of the beach. Mayor Nielsen stated that there are two City owned lots on Yuba that need the grass mowed. Commissioner Shepherd would like to have a list of all City owned lots. Mayor Nielsen complimented the Cemetery Department on the appearance of the cemeteries this Memorial Day. Vice Mayor Sieradzki had received a complaint from a citizen on the condition of her husband's grave. PUBLIC PARTICIPATION: Roger C. Wade, Port City Building Association, 2209 Harrison objected to the sell- ing of the parking lot across the street from the C. I. 0. Hall. David Wotli, 1724 Beidler, would like to purchase the home atl 679 Terrace and repair it. The house is scheduled for demolition. Bryon Mazade, City Manager re- sponded. Motion by Vice Mayor Sieradzki to allow Mr. Wotli 30 days to pay the taxes and present the Inspection Department with a timetable. Motion dies for lack of support. Marcia Aslakson, 1519 Fifth Street, President of the Civil Service Commission, spoke on the Muskegon Housing Commission. The Housing Commission still has 3 or 4 em- ployees, that are City employees. Bryon Mazade responded to her questions. 2000-062 CLOSED SESSION: Motion by Commissioner Aslakson, second by Commissioner Shepherd to adjourn to Closed Session at 7:50 p.m. to discuss pending litigation. ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Nielsen, Schweifler Nays: None JUNE 13, 2000 10 Absent: Benedict A DOPTED Vice Mayor Sieradzki le ft at 7:50 p.r.r:7 • "Jiiiiiifi ·oner Schweifler, to 1· ,~ s1 Motion by Commissioner Aslakson,.. se comm -te> the Regular Commission Meeting at .B:0 ~ . Shepherd ROLL VOTE: Ayes: Spataro, Aslakson __.. Ni hweifl.e!!~~ !!:!"' Nays: None Absent: Sieradzki, Benedr i ct A DOPTED Motion by Commissioner Aslakson, s;.e cocomm 1 "";-th the City Attorney's recommendatie> .-,. 1', Shepherd ROLL VOTE: Ayes: Spataro, Aslakson, ~ ie hweifle::======~ ~ Nays: None Absent: Benedict, Sieradz: ~ i A D OPTED A DJ OURNMENT: The Regular Commission was adjourn~d ? p .rn . ~ -=Jbmitted, ' cttu lly s;;;:;;;~ ()_ :.911- C:-~~ger, CMC/ AAE J ONE 13, 2000 Date: June 6, 2000 To: Honorable Mayor and City Commission From: Department of Public Works Re: Refuse Cart Purchase 2000 SUMMARY OF REQUEST: To authorize the purchase of one truckload (560) for use as replacements as needed. This purchase would restock our inventory of replacements we keep on hand for damaged carts. We are requesting approval for placing the order now with delivery anticipated in July. Currently the Sanitation Department has 25 carts in stock. FINANCIAL IMPACT: Unit cost per cart $43.50 (560 per truckload) = $24,360.00 BUDGET ACTION REQUIRED: 2000 Sanitation Budget item, available balance of $25,000.00 Account# 101-60523-5700 (capital outlay equipment) STAFF RECOMMENDATION: Staff recommends approval of the purchase with our current supplier Toter Inc. base on the City of Muskegon 10-year history and their new improved cart design. COMMITTEE RECOMMENDATION CITY OF MUSKEGON Historic District Commission Memo To: Honorable Mayor and City Commissioners From: Glenn Eacker, Chaitman of the Historic District Commission (HDC) Date: June 13, 2000 Re: 607 W. Clay Avenue At the June 6, 2000 meeting of the HDC there was a discussion about the historic and architectural merits of the house at 607 W. Clay Avenue. The building is in the transitional structure of the Victorian era with elements of the Greek Revival and Italianate, c. 1885. HDC is mindful that the house is not presently located in any of the City's historic districts, and, therefore, not under the jurisdiction of HDC. However, it is on the perimeter of the Clay- Western district and within two blocks of the area of the national register !mown as the Heritage Village. It is the intention of the HDC to expand the historic districts to include a "scattered site" district that includes those buildings and sites that merit HDC protection. It is with this in mind that HDC wishes to express their deep concern for the loss of this house. By a unanimous vote, it was the desire of the HDC to submit a letter to the Mayor and City Commissioners expressing HDC' s concern with the loss of the historic home located at 607 W. Clay Avenue. Thank you. ,,4,_/1,~zA-c,~ Commission Meeting Date: May 23, 2000 Date: May 11, 2000 To: Honorable Mayor and City Commissioners From: Planning & Economic Developmen@ RE: Rezoning request for property located at 211 Irwin Ave. SUMMARY OF REQUEST: Request to rezone property located at 211 Irwin Ave. (SE corner of Irwin Ave. and Hoyt St.), from R-1, Single-Family Residential to B-1, Limited Business. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends approval of the request due to compliance with the future land use map and Master Land Use Plan. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the request at their 5/10/00 meeting. The vote was: Yes: Veltkamp, Abraham, Mazade, Nielsen No: Sartorius, Coleman Absent: Aslakson, Kleaveland, Smith 5/11/2000 il w ---- ------ I ...§ 0 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. 2024 An ordinance to amend the zoning map of the City to provide for a zone change for certain property from R-1 "Single-Family Residential," to B-1 "Limited Business" THE CITY CO:MMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City ofMuskegon is hereby amended to change the zoning of the following described property from R-1 "Single-Family Residential", to B-1 "Limited Business": LOT 4 OF BLOCK 272 OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN This ordinance adopted: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson Nayes:_,_,_,,'-'-'-'-'--------------------------- Adoption Date: dune 13, 2000 Effective Date: July 1, 2000 First Reading: May 23, 2000 Second Reading; June 13, 2000 CITY OF MU~I<EGON ~ a.~~ I / ' By Gail A. Kundinger, City Clerk 5/11/00 2 CERTIFICAIB 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 City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 13th day of June, .2CilJ, 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 1976, as amended, and that minutes were kept and will be or have been made available as required thereby. ~-, . / . . DATED: June 13 ,2000. ~ ~~1 Gail Kundinger, CMC/AAE Clerk, City of Muskegon Publish: Notice of Adoption to be published once within ten (10) days of final adoption. 5/11/00 3 Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING May 10, 2000 Hearing; Case 2000-18: Request to rezone property located at 211 Irwin Ave. from RM-1, Low Density Mnltipie-Family Residential to B-1, Limited Business, by Janet Johnson. BACKGROUND Applicant: Janet Johnson Address/Location of Subject Property: 211 Irwin Ave. (SE corner of Irwin Ave. & Hoyt St.) Current Use: Residential Current Zoning: R-1, Single-Family Residential Proposed Zoning: B-1, Limited Business STAFF OBSERVATIONS I. The subject property is cun-ently nonconforming and contains a duplex. The applicant wishes to turn the lower apartment into an art gallery/antique shop, while retaining the upper apartment. The proposed use is allowed by right in the B-1 dish·ict. 2. The Future Land Use Map shows the subject property, as well as the property on the same block currently zoned B-2, as residential. Downzoning the commercial area in the immediate area to residential is not very practical at this time. The B-1 designation would downzone closer to the residential designation, yet permit low-scale businesses until such time that it's practical to redevelop the area as residential. 3. There are several structures in the immediate vicinity that are commercial in nature, but appear to be underutilized. A B-2 designation for this relatively small area of commercial surrounded by residential is a more intense designation than it probably should be. A B-1 designation for the entire area may stimulate specialty shops and small businesses yet keep a more quiet character. 4. The proposed use could also be accommodated through a special use permit in the RM-I zone, which is another option for a rezoning, but staff wanted to take the opportunity to consider the larger area for B-1 designation. 5. The subject prope1ty is a well kept historic home. One concern with rezoning it for a business designation is that it may promote demolition in the future. Under a special use permit, the property could be protected by requiring that the business operate out of the existing structure only. City of Muskegon Planning Commission - 5/10/00 6. The Master Land Use Plan states: • Sub-Area 4 is predominately residential in use... The sub-area also includes a variety of medical facilities and commercial, industrial, and institutional development... Except for recognized enclaves of desired non-residential development, the sub-area's internal development should be limited to those uses of a residential character or having residential compatibility. • A mqjority of the area is devoted to single-family use. Housing character and local neighborhood quality vary markedly. 7. The Master Plan recommends for this sub-area: • Maintain the sub-area's residential focus. • Implement, through zoning, buffer requirements associated with the placement of non-residential uses contiguous to residential development. • Consider placement of duplex, tri-plex andfour-plex unites as infill housing based on designs [building and siteJ which are complimentary to existing area housing. ORDINANCE EXCERPTS ARTICLE X - B-1 LIMITED BUSINESS DISTRICTS PREAMBLE The B-1 Limited Business Districts are designed primarily for the convenience of persons residing in adjacent residential areas or neighborhoods, and to permit only such uses as are necessa1y to satisfy those limited basic, daily shopping and/or service needs, which by their very nature are not similar to the shopping patterns of the B-2 convenience and Comparison, B-3 Central Business District, and B-4 General Business Districts. B-1 Districts are also intended to be utilized at planned locations in the City as zones of transition between major thoroughfares and residential areas, and between intensive nonresidential areas and residential areas. In the B-1 District all business establishments shall be retail and/or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced. All business, servicing or processing, except off-street parking or loading, shall be conducted within a completely enclosed building, or in an area specifically approved by the City. SECTION 1000: PRINCIPAL USES PERMITTED In a B-1 Limited Business District no building or land shall be used and no building shall be erected, structurally altered, or occupied except for one (l) or more of the following specified uses, unless otherwise provided for in this Ordinance: I. Any generally recognized retail business which supplies new commodities on the premises for persons residing in adjacent residential areas such as: groceries, meats, dairy products, baked goods or other foods, drugs, drygoods, and notions or hardware. No individual uses, either freestanding or in a group of uses, shall exceed two thousand five hundred (2,500) square feet in area. 2. Any personal service establishment which performs services on the premises for persons residing in adjacent residential areas, such as: Shoe repair, dry cleaning shops, tailor shops, beauty parlors, barber shops, dressmaker, tailor, pharmacist, or an establishment doing radio, television, or home appliance repair, and similar establishments that require a retail character no more objectionable than the aforementioned, subject to the provision that no more than five (5) persons shall be employed at any time in the sale, repair, or other processing of goods. City of Muskegon Planning Commission - 5/10/00 2 3. Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths, architects, engineers, accountants, and similar or allied professions. No individual use shall exceed two thousand five hundred (2,500) square feet in area. 4. Office buildings for any of the following types of occupations: executive, administrative and professional. No individual use shall exceed two thousand five hundred (2,500) square feet in area. 5. Residential uses as part of a building in this zone shall be allowed upon issuance of a Certificate of Occupancy from the Department of Inspections, provided that the minimum lot area requirements of the RM-I District are met. 6. Accessory buildings and accessory uses customarily incidental to any of the above Principal Uses Permitted. 7. Uses similar to the above Principal Uses Permitted. SECTION 1001: SPECIAL LAND USES PERMITTED The following area, and their accessory buildings and accessmy uses, shall be permitted under the purview of Section 2332 after review and approval of the use ( and a site plan, if required) by the Planning Commission, after Public Hearing, subject to the applicable conditions and any other reasonable conditions imposed by the Planning Commission. A site plan shall not be required when there are no external changes made to the buildings or properties. 1. Restaurants, or other places serving food, except drive-in or drive-through restaurants. 2. Churches and other facilities normally incidental thereto subject to the following conditions: a. The site shall be so located as to provide for ingress and egress from said site directly onto a major or secondary thoroughfare. b. The principal buildings on the site shall be set back from abutting properties zoned for residential use not less than thirty (30) feet. c. Buildings of greater than the maximum height allowed in Section 2100 may be allowed provided front, side, and rear yards are increased above the minimum requirements by one (1) foot for each foot of building that exceeds the maximum height allowed. 3. Accessory buildings and accessory uses customarily incidental to the above Special Land Uses Permitted. 4. Uses similar to the above Special Land Uses Permitted. SECTION 1002: PLANNED UNIT DEVELOPMENTS Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section 2101. The intent of Planned Unit Developments in the B-1 Limited Business Districts is to allow mixed land uses which are compatible to each other, while prohibiting nomesidential uses which would not be compatible or harmonious with residential dwellings. SECTION 1003: AREA AND BULK REQUIREMENTS See Article XXI, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use, and maximum density permitted. City of Muskegon Planning Commission - 5/ 10/00 3 DELIBERATION Criteria-based questions typically asked during a rezoning include: I. What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning. 2. What are the precedents and the possible effects of precedent which might result from the approval or denial of the petition. 3. What is the impact of the amendment on the ability of the city to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved. 4. Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property. 5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of the City. 6. Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: a. Surface water drainage problems b. Waste water disposal problems c. Adverse effect on surface or subsurface water quality d. The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife areas. City of Muskegon Planning Commission - 5/10/00 4 CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on June 13, 2000, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning of the following property from R-1 "Single-Family Residential", to B-1 "Limited Business" LOT 4 OF BLOCK 272 OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN 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 days from the date of this publication. Published _ _~,li='•=e~z~1_ _ _, 2000 CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger Its Clerk PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE. Account No. 101-80400-5354 6/14/00 4 AGENDA ITEM NO. 2000-- CITY COMMISSION MEETING: June 13, 2000 TO: Honorable Mayor and City Commissioners FROM: Edward E. Griffin, Chief of Police££~ DATE: June 2, 2000 RE: Purchase Cisco PIX 515 Hardware Firewall for the Police Computer Network using 1998 Local Law Enforcement Block Grant (LLEBG) funds SUMMARY OF REQUEST: Purchase a Cisco PIX 515 hardware firewall for the police computer network. This is a requirement of the Law Enforcement Information Network (LEIN) before we can connect to any outside network. We are now unable to attain connectivity between the police network and the city hall network or any other computer network. This firewall would also provide enhanced protection to all records on the system. The cost of the Cisco PIX 515 is $10,511.99, which we would pay with 1998 Local Law Enforcement Block Grant (LLEBG) funds. BUDGET ACTION REQUIRED: None FINANCIAL IMPACT: Expend $10,511.99 of the money awarded under the 1998 Local Law Enforcement Block Grant, 98LBVX3225 and local ten percent match money. STAFF RECOMMENDATIONS: Staff recommends this purchase. City of Muskegon Information Systems Memorandum To: Donald H. DeBoef, Assistant Chief of Police From: Jim Maurer, Information Systems Director Date: 05/24/2000 Re: Cisco PIX Firewall Don, Attached you will find information on the Cisco PIX 515 hardware firewall, product compatisons and price quotes. The cost of $10,511.99 includes one year of support and an additional network card. This firewall is used by federal and local governments and has the highest secmity rating. If you need fmther information, please call. Thanks! • Page 1 ll!"~~_rer; Jim\ -· .'_ · · '. ·._·. :' .. ."n. \ '.. '\/ot' ' . . I From: To: Subject: bradswa@cdwg.com Maurer, Jim CDW Order/Quote Document is best viewed in a fixed font like Courier CDW Government, Inc. 230 North Milwaukee Avenue Vernon Hills, IL 60061 Thank you for allowing me the opportunity to quote on the following items. If I can be of any further assistance, please contact me at 1-800-800-4239 ext. 78383 or email me at bradswa@cdwg.com SALES QUOTATION ORDER NO. Page 1 5/23/2000 3:47 PM CJ76333 BILL TO: 1856159 SH IP TO: CITY OF MUSKEGON CC ACCOUNT CITY OF MUSKEGON CC ACCOUNT 933TERRACEST 933TERRACEST JIM MAURER JIM MAURER MUSKEGON, Ml 49440-1348 MUSKEGON, Ml 49440-1348 PHONE# 2317246706 PO# WEEK QUOTE QUOTE DATE SHIP VIA TERMS SLS RESALE NO. 5/23/2000 AN Master Card/ VIS BRAD SWANS EDC QTY ITEM NUMBER/ UNIT UNIT EXTENDED CD ORD DESCRIPTION PRICE PRICE 178699 1 CIS-PIX-515-UR-BUN EA 8,377.00 8,377.00 CISCO PIX 515 UNREST S/W BDL 106934 1 CIS-PIX-1 FE EA 145.00 145.00 CISCO PIX 1-PORT 10/100 ENET FIREWAL 097885 1 CIS-CON-SNT-PKG13 EA 1,979.00 1,979.00 C ISCO SMARTNET PK CAT 13 SUB-TOTAL 10,501 .00 SHIPPING 10.99 SALES TAX .00 TOTAL DUE IN U.S DOLLARS 10,511 .99 CDW Government, Inc. * 230 North Milwaukee Avenue Vernon Hills, IL 60061 • Phone: 847-371-5000 • Fax: 847-419-6200 i ") ,1 \ f_ () Cisco PIX Firewall Series Product Overview The Cisco PIX Firewall series delivers strong security in an easy-to-install, integrated hardware/software appliance that offers outstanding pe1formance. The series allows you to rigorously protect your internal network from the outside world~ providing full firewall security protection. Unlike typical CPU-intensive full-time proxy servers that pe1fonn extensive processing on each data packet at the application level, Cisco PIX firewalls use a non-UNIX, secure, real-time, embedded system. The PIX Firewalls deliver superior performance of up to 250,000 simultaneous connections, over 6,500 connections per second, and nearly 170 megabits per second (Mbps) throughput. This level of petformance is dramatically greater than that delivered by other appliance-like firewalls or those based on general-purpose operating systems. Figure 15-1: PIX Firewall 520 Front View PIX firow1Umms Figure 15-2: PIX Firewall 520 Rear View \ ------ @ o®o ID O ID ID ID O ID ID ID ID ID ID@ ID ID ID ID OID Oo ID o"'o @ - \ ® I I I I I ID~ I~ 0 0 o , 0' ~ 0 0 0 ® @ ~ ••' - ~ ~ - ® @ ,'i' 5 ~ I ®' ® Figure 15-3: PIX Firewall 515 Front View PIXFu,wall- Visit Cisco Connection Online at www.cisco.com 1 Figure 15-4: PIX Firewall 515 rear View Key Features and Benefits • Non-UNIX, secure, real-time, embedded system This design eliminates the risks associated with a general purpose operating system and allows the Cisco PIX Firewall series to deliver outstanding peifonnance-up to 250,000 simultaneous connections-dramatically greater than any UNIX-based firewall and without affecting end-user performance. • Less complex and more robust than packet-filtering; higher pe1formance and more scalable than application proxy firewalls The heart of the PIX Firewall series is the adaptive security algorithm (ASA), which maintains the secure perimeters between the networks controlled by the firewall. The stateful, connection-oriented ASA design creates session tlows based on source and destination addresses, TCP sequence numbers (which are non-predictable), port numbers, and additional TCP flags. All inbound and outbound traffic is controlled by applying security policy to connection table entries. • User authentication and authorization with cut-through proxy Cisco's PIX Firewall series gains further dramatic performance advantage through its patented method of transparently verifying the identity of users at the firewall and permitting or denying access to any TCP- or UDP-based application. This method eliminates the price/performance impact UNIX-based firewalls impose in similar configurations, and leverages the authentication and authorization services of CiscoSecure Access Control Server. For more information on CiscoSecure Access Control Server, available for both Windows NT and UNIX (Solaris), see the chapter "CiscoSecure Access Control Server Software.'' • Centralized configuration and management with the PIX Firewall Manager This Java-based graphical user interface (GUI) configuration tool lets the administrator use a Web browser to retrieve, edit, and centrally manage security policies. Separate tabs provide access to configuration information common to all PIX Firewalls being managed and to built-in reports for user-based accounting for web sites visited and volume of files transferred. The PIX Firewall Manager can automatically provide real-time alerts of any attempted firewall breaches through e-mail or pager notification. • Platform extensibility To provide platform extensibility without sacrificing the benefits of an embedded system, the PIX Firewall series includes two hardware platforms, the PIX Firewall 515 and 520, which support a broad range of network interface cards (NICs). Standard NICs include single- or four-port 10/100 Ethernet cards, 4/16 Token Ring cards, and dual-attached multimode FDDI cards. FDDI cards and four-port Ethernet cards are supported in PIX beginning with version 4.4. • Failove1/hot standby upgrade option The PIX Firewall fail over option ensures high availability and eliminates a single point of failure. With two PIX Firewalls running in parallel, if one malfunctions, the second PIX Firewall transparently maintains security operations. • Synchronized configurations for effective recovery from hardware failure Simplified TFTP boot function allows consistent synchronization of multiple device configurations. 2 Cisco Product Catalog, May, 2000 Specifications Hardware Table 15-2: PIX Firewall Specifications Description PIX Firewall 515-R PIX Firewall 515-UR PIX Firewall 520 PIX Firewall 520-DC Hardware Case 19-in. rack-mountable 19-in. rack-mountable 19-in. rack-mountable 19-in. rack-mountable (comes with rack-mount (comes with rack-mount (comes with rack-mount (comes with rack-mount hardware) hardware) hardware) hardware) Random Access Memory 32MB 64MB 128MB 128MB Console Port RJ-45 RJ-45 DB-9 EIA/TIA-232 DB-9 EIA/TIA-232 Boot/Update Device TFTP only TFTPonly 3.5-in. floppy disk drive 3.5-in. floppy disk drive Failover Port 1 DB-25 E!Aff!A-232 DB-25 EIA/TIA-232 DB-25 E!Aff!A-232 DB-25 E!Aff!A-232 1. Failover requires special, Cisco cable Table 15-3: PIX Firewall Power and Environmental Specifications Description PIX Firewall 515-R PIX Firewall 515-UR PIX Firewall 520 PIX Firewall 520-DC Autoswitching 100-240 VAC 100-240 VAC 100-240 VAC -48 VDC Frequency 50-60 Hz 50-60 Hz 50-60 Hz CmTcnt 1.5-0.75 Amps 1.5-0.75 Amps 4-2 Amps 4Amps Operating Temperature -5 to +45°C (-25 to l 13°F) -5 to +45°C (-25 to 113°F) -5 to +45°C (-25 to I 13°F) -5 to +45-C (-25 to I 13°F) Storage Temperature -25 to +70°C -25 to +70°C -25 to +70-C -25 to +70°C Operational Humidity 95% relative humidity (RH) 95% relative humidity (RH) 95% relative humidity (RH) 95% relative humidity (RH) Operational Altitude 3000m (9843 feet), 25°C 3000m (9843 feet), 25'C 3000m (9843 feet), 25°C 3000m (9843 feet), 25°C (77°F) (77°F) (77°F) (77°F) Heat Dissipation (Worst 160.37 BTU/hr 160.37 BTU/hr 863.27 BTU/hr 863.27 BTU/hr Case with Full Power Usage) Dimensions (H x W x D) 1.72 x 16.82 x I 1.8 in. 1.72 X 16.82 X ]J.8 in. 5.2] X ]6.82 X ]7.5 in. 5.21 X 16.82 X 17.5 in. (4.4 x 42.7 x 29.9 cm) (4.4 x 42.7 x 29.9 cm) (13.2 x 42.7 x 44.5 cm) (13.2 x 42.7 x 44.5 cm) Weight II lb. 11 Ib. 21 lb. 21 lb. PIX Firewall Software • PIX 520 - Connection licenses available for 128, 1024, and Unrestricted (more than 250,000) simultaneous connections PIX 515 - Only unrestricted licenses available PIX 520 - Ethernet, FDDI and Token Ring available PIX 515 - R~s'fricted (no failover, 32mb RAM, no option cards, 2 ethernet interfaces only) J PIX 515 - Unrestricted (64mb RAM, failover, up to 6 ethernet interfaces) il_ PIX 515 - Ethernet only • Adapti"ve security algorithm (ASA) • Cut-through proxy authenticates, authorizes, and enhances pe1formance • Multiple interface support (10/100 Mbps ethernet, Token Ring, FDDI) • Up to 6 ethernet inte1faces • Failover/hot standby; synchronized configurations Visit Cisco Connection Online at www.cisco.com 3 • True Network Address Translation (NAT) as specified in RFC 1631 • Port Address Translation (PAT) further expands a company's address pool-one IP address supports more than 64,000 hosts • Mail Guard removes need for external mail relay server in perimeter network • TACACS+, Radius authentication • DNS Guard transparently protects outbound name and address lookups • Flood Guard and Fragmentation Guard protect against denial of service attacks • Java blocking eliminates potentially dangerous Java applets (not compressed or archived) • Extremely high-performance URL filtering that surpasses the competition in any enterprise-scale network • Cisco IOS-style command-line interface • Extended authentication, authorization, and accounting capabilities • Net Aliasing transparently merges overlapping networks with the same IP address space • Enhanced granularity of inbound access (conduits) • Allows use of existing registered IP addresses • Extended access lists • Ability to customize protocol ports • Support for private networking of virtual sites at greater than 45MB using Cisco proprietary Private Link 2. • Enhanced customization of syslog messages • Simple Network Management Protocol (SNMP) and syslog for remote management • Reliable syslogging using either TCP or UDP • Extended transparent application support (both with and without NAT enabled) includes: -Sun remote procedure call (RPC) -Microsoft Networking client and server communication (NetBIOS over IP) using NAT -Multimedia, including Progressive Networks' RealAudio, Xing Technologies' Streamworks, White Pines' CuSeeMe, Vocal Tee's Internet Phone, VDOnet's VDOLive, Microsoft's NetShow, VXtreme Web Theatre 2; and Intel's Internet Video Phone and Microsoft's NetMeeting (based on H.323 standards) -Oracle SQL *Net client and server communication PIX Firewall Manager Specifications • Hosted on a Windows NT 4.0 platform (required) Service Pack 4 compliant • Each PIX Firewall Manager supports up to 10 PIX Firewalls for full logging, and configuration for up to 10 PIX Firewalls • E-mail and pager alarms can be set based on single events or after a threshold is reached • Built-in reports to display FTP and URL activity per user on a daily basis • All configuration information sent between PIX Firewalls and PIX Firewall Manager are protected by a shared secret/ secure hash algorithm (MD5) • Strong authentication (one-time password) support for PIX Firewall management sessions can be provided by CiscoSecure or other TACACS+ or RADIUS server Software For additional specifications, see the PIX Firewall datasheet on the Cisco Web at www.cisco.com. 4 Cisco Product Catalog, May, 2000 Ordering Information Ordering Information For documentation product numbers, refer to "Internet Products Documentation" in the "Documentation" chapter. Product and Part Numbers Part Numbers for the PIX Firewall Part Description Part Number PIX Firewall Solutions PIX Private Link 2 card PIX-PL2 PIX Private Link 2 card, spare PIX-PL2= ONE 10/100 Mbps ETHERNET PIX-lFE INTERFACES, RJ45 ONE 10/100 Mbps ETHERNET PIX-lFE= INTERFACES, RJ45 Single Gigabit Ethernet Interface for PIX PIX-I GE= Firewall PIX Fom-port 10/100 Ethernet interface PIX-4FE PIX Four-port 10/100 Ethernet interface PIX-4FE= ONE 4/!6 Mbps TOKEN-RING PIX-lTR INTERFACE ONE4/l6MbpsTOKEN-RING PIX-lTR= INTERFACE FAILOVER UPGRADE KIT· SW V3.0 PIX-FO= OR LATER FDDI Interface for the PIX Firewall PIX-FDDI PIX FDDI Card PIX-FDDI= Accessory Kit associated with PIX ACC-PIX500-4.4 Software version 4.4 32MB FRU Memory for PIX 515 PIX-515-MEM-32= PIX 515 Restricted to Unrestricted PIX-515-SW-UPG= Software License Upgrade Blank to fill unused option slot on PIX 515 PIX-BLANK-SLOT PIX 515 Chassis only PIX-515 PIX 515 Unrestricted Function software PIX-515UR-SW license PIX 520 Chassis only PIX-520 PIX 520, -48VDC power chassis only PIX-520-DC PIX Midrange license PIX-CONN-lK PIX Entry level license PIX-CONN-128 PIX Unrestricted license PIX-CONN-UR PIX lie upgd entrylevel to midrange PIX-CONN-128-lK= PIX lie upgd entrylevel to unrestricted PIX-CONN-128-UR= PIX lie upgd midrange to unrestricted PIX-CONN-lK-UR:::: PIX Software Upgrade for Non-Support PIX-CONN-VER:::: Customers Visit Cisco Connection Online at www.cisco.com 5 Commission Meeting Date: June 13, 2000 Date: May 30, 2000 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Purchase of Tax Reverted Properties from the DNR SUMMARY OF REQUEST: To approve the purchase of the twenty-four (24) properties listed in the attachment, via the tax reversion process. Annually, the DNR circulates a list of tax reverted propeties to municipalities, for their consideration and ultimate purchase. This years list consists of nine (9) buildable lots; ten (10) non-buildable lots; three (3) houses that are on the demolition list (vacant land can then be sold for new construction); and two (2) houses that will be rehabilitated and subsequently sold by the Community Neighborhood Services Department. Both the CNS Department and the Inspections Department were instrumental in compiling the list. The total cost for the purchase of the land and homes is $740.00 FINANCIAL IMPACT: The City must expend $740 to acquire the properties. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution. 5/30/2000 1 Resolution No. 2000-61 ( b) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE ACQUISITION OF 24 TAX REVERTED PROPERTIES FOR$740. WHEREAS, The State of Michigan circulates an annual list of tax reverted properties to municipalities for their consideration and ultimate purchase; WHEREAS, the Planning; Inspections; and Community Neighborhood Services have collaborated in compiling the list of properties; WHEREAS, the acquisition of the properties will provide better housing opportunities for the City's constituency; WHEREAS, the sale is consistent with City policy regarding the acquisition and subsequent disposition of buildable, non-buildable lots; and rehabilitated homes; NOW THEREFORE BE IT RESOLVED, that the City of Muskegon acquire the following lots with the attached map numbers: 61-30-35-351-025 24-31-20-428-016 24-31-20-408-005 24-31-21-133-007 24-31-20-479-017 24-31-20-459-016 24-31-29-204-007 24-31-29-233-007 24-30-35-380-003 * 24-31-20-376-006 24-31-20-359-016 24-31-29-129-011 24-31-29-129-013 24-31-29-176-002 24-31-29-176-007 24-31-29-179-016 24-31-29-186-002 24-31-29-307-004 24-31-29-379-002 24-31-29-381-001 24-31-30-251-001 24-31-30-453-018 24-30-35-380-003 * *This map number corresponds to two different (adjacent) legal descriptions on LeTart Ave, consistent with the DNR listing. Adopted this 13th day of June, 2000 Ayes: Sieradzki, Spataro, Aslakson, Nielsen, Schweifler, Shepherd Nays: None Absent Benedict CERTIFICATION I hearby certify that the foregoing constitutes a trne and complete copy of a resolution aqopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on June 13, 2000. ~ ·, , / By: ----'J~ UJ...JL ::....:c.=_;__..:..._ ~ -=----=~ = =----~ - Gail Kundinger, City of Muskegon 2000 Tax-Reverted Property -<!>-E s ,I 11 11 Rll 11111 f pj ADAAV Fl 11 ll/giflf£~2 1 ~ ltlllllHHIIH~E * = Subject Property(ies) ~ri 11 1Y~alSrlLAa R 111 RE y ~H lllll1~HII II B HIll I I[ ~ fA' ~ATHERINEAV 111111111 H Ill 111 Fl I Ill~ 0 1 ~\t §II/ 7 ~ li, HIii/~ ·~---,-,~r-n 1 , MCLAUGHLIN AV '1 ~r=rr 1111 I R~l I'II /'I~ 1 1 1 1 <.f>" \:111111111 ~ ~ 1111 / l~I I I I I Ir -,- CATAWBAAV \ I I Wll 1111 ~§ IIIH 50000 0 50000 Mies L City of Muskegon 2000 Tax-Reverted Property -<!>-E s A~/\\J * = Subject Property{ies) - ~ - ~ ORCHARD AV r;.Jj - r-- LL ~ AMITY AV ~ Cl ~ r--r-t--o,;; w ::;; w ALLEN AV ··-1 - II - 9 I 111 IIII I I I I Ill l l lll1 40000 0 40000 Mies City of Muskegon 2000 Tax-Reverted Property -❖-E s DJ] [[01----------1 i--------J -i I I ~ I ~ DJ] ' ~ [ill rr WFORESTAV I I * = Subject Property(ies) DJ] I JJ [ 1-- (/) ~ I i J 1-- (/} z - f------- t:; I DJ] 0 fQ 0 - w 5:"' I I w h LL LL w ""> ! ~ ~. ~~ D WDAL, ~\N, L ::ilP Awe, l [ [ ] r-----1 1-- (/) - i I 1-- [[1]~ "' WLARCHAV Lt= I i- I 30000 0 30000 Miles ~ City of Muskegon 2000 Tax-Reverted Property * = Subject Property(ies) :50000 0 50000 Miles ~ Memorandum To: Honorable Mayor and City Commission CC: Bryon Mazade, City Manager Gail Kundinger, City Clerk From: Cathy Brubaker-Clarke, Director of Community & Economic DevelopmentC.&..... Date: 06/13/00 Re: Tax-Reverted Property Attached are maps depicting the properties being recommended for purchase from the JW:ic;higan Department of Natural Resources, through the tax-reversion process. The 1:tt~l:loi.u: maps show the locations of the houses, with their addresses and parcel hilrrf~~fsr. There are three houses with the potential for rehab (as opposed to two, as l,'ri~i;\tjqni4 in the staff report), which are 314 Grand, 315 Catawba, and 204 W. Dale. If 'W~.fu-~µ_of;able to use these for rehab, through the HOME program, they can be $!$if-ii:ill§ll~dat a later date. The remaining houses have been, or will be demolished (the C::itz{wR»Xa do this whether or not the State owned the properties). ]lj~•~econd two maps depict the locations of the remaining tax-reverted lots. Attachment 1 I~ ft'<tAkd 1<0~~ \0 okoleJ 0 QUIT-CLAIM DEED d_OOO ~ 6 I (6) KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to the State of Michigan, c/o Land and Mineral Services Division, 530 W . Allegan, Lansing, MI 48933, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: The West 4 7 .6 feet of Lot 7 and the West 47 .6 feet of the South 27-1 /7 feet of Lot 6, Block 44 I, of the City of Muskegon for the sum of One ($I) Dollar and other good and valuable consideration. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207 .526 Sec. 6(h)(i). Dated this 3/.c.,J day of August, 2000. Signed in the presence of: CITY OF MUSKEGON By \&-,.~,~~4, 4✓ Fred J. Nielsen@ ayor and1~ ~ 0 ~, ~ ~~ Gail A. Kundinger, Its Clerk STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this J l~ f- day of August, 2000, FRED J. NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. PREPARED BY: G. Thomas Johnson Parmenter O'Toole L/r1cfrA ~- /ort-~r · 175 W. Apple Ave. Notary Public, Muskegon Co., MI Muskegon, MI 49443-0786 My commission expires:_~2~~o? -'----" -.:i_-_- _u_.,..____ _--._ _ _ _ _ _ __ WHEN RECORDED RETURN TO: SEND SUBSEQUENT TAX BILLS TO: Grantee Grantee G:\COMMON\5\GTJ\C-RLESnST-MI.QCD Date: June S, 2000 To: Honorable Mayor & City Commission From: Planning & Economic Development Department (f-/2, RE: Amendment to Brownfield Plan SUMMARY OF REQUEST: To approve the attached resolution setting a public hearing for an amendment for the Brownfield Plan. The amendment is for the inclusion of Beacon Recycling, located at 2210 Roberts Street, in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact, although the expansion of Beacon Recycling will add to the tax base of the City of Muskegon. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority will meet on June 13 to take action on the proposed amendment, and make a recommendation to the City Commission. MUSKEGON BROWNFIELD PLAN SITE-SPECIFIC PROVISIONS (SITE ADDITION) Beacon Recycling. Inc. (Section 13(1)(9) Beacon Recycling. lnc./Beacon Leasing ("Beacon") intends to expand its recycling operations by relocating to a portion of the former Amstore property located on Keating Avenue. Beacon intends to collect, sort, and prepare materials (primarily metals) for transport to recycling processing centers. A legal description and site map of the property purchased by Beacon is included as Attachment #3, and is herein referred to as the "Property". Beacon's initial investment in land and buildings is $690,000. Over the next five years, projected investments in building and Property improvement totals over $219,000. Estimated capital expenditures within the next five years exceed $760,000. Beacon projects that its expansion at the Property will create 10-12 new jobs within the next 3 years. Eligibility The Property being acquired by Beacon is considered to be "eligible property" as defined by Act 381 because it has been determined to be a "facility" pursuant to Pat 201 of the Natural Resources and Environmental Protection Act. The Property has been the subject of Phase I and Phase II Environmental Site Assessments (ESAs) recently conducted by Westshore Consulting on behalf of Beacon. The Phase I ESA documented the past industrial use of the western portion of the Property as a store fixture manufacturing site (shelving and display units) from approximately 1963 to 1999. From the 1920's to 1960's, the site was used for the assembly of busses and farm equipment. The Phase II ESA revealed concentrations of heavy metals in soils that exceed applicable Part 201 Residential criteria. As a result of the Property being determined to be a facility, Westshore has prepared a Baseline Environmental Assessment (BEA) for the Property on behalf of Beacon. Westshore will be preparing a Due Care plan, to identify Beacon's responsibility for undertaking any necessary Due Care response activities pursuant to Part 201. Costs of Plan (Section 13(1)(a.b.c,f)) There are no costs to the City of Muskegon or its local taxing jurisdictions as a result of the Property being included in this Brownfield Plan. There will be no tax increment financing for "eligible activities"; Beacon has paid for the cost of undertaking the Phase I and II ESAs, the BEA, and the Due Care Plan. Beacon will also pay for any necessary Due Care Response activities. The costs to the State are as yet undetermined, although inclusion of the Property in this Plan may allow Beacon to be eligible for up to $1 million in credits toward its Single Business Tax liability. The Property is included in this Brownfield Plan to enable a "qualified taxpayer" to avail itself of eligibility for credits against its Single Business Tax liability for "eligible investment" (demolition, construction, restoration, purchase of machinery, equipment, and fixtures) incurred after the adoption of this amendment to the Brownfield Plan. These Single Business Tax Credits are provided for by amendments to Act No. 228 of 1975. RESOLUTION NOTIFYING TAXING UNITS AND CALLING PUBLIC HEARING REGARDING APPROVAL OF AN AMENDMENT TO THE BROWNFIELD PLAN OF THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY 2000-61(c) City of Muskegon County of Muskegon, Michigan Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices, on the 13th day of June, 2000, at 5:30 o'clock p.m., prevailing Eastern Time. PRESENT: Members Spataro, Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki ABSENT: Members Benedict The following preamble and resolution were offered by Member --"S"'-p"-'at:.;:a"-r"--o_ _ _ and supported by Member As l ak son WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the "City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), to create a brownfield redevelopment authority; and WHEREAS, pursuant to Act 381, the City Commission of the City duly established the City of Muskegon Brownfield Redevelopment Authority (the "Authority"); and WHEREAS, in accordance with the provisions of Act 381, the Authority has prepared and approved a Brownfield Plan Amendment; and WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City Commission requesting its approval of the Brownfield Plan Amendment; and WHEREAS, prior to approval of the Brownfield Plan Amendment, the Muskegon City Commission desires to hold a public hearing in connection with consideration of the Brownfield Plan Amendment as required by Act 381; and] WHEREAS, prior to approval of the Brownfield Plan Amendment, the City Commission is required to provide notice and a reasonable opportunity to the taxing jurisdictions levying taxes subject to capture to express their views and recommendations regarding the Brownfield Plan Amendment. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Commission hereby acknowledges receipt of the Brownfield Plan Amendment from the Authority and directs the City Clerk to send a copy of the proposed Brownfield Plan Amendment to the governing body of each taxing jurisdiction in the City, notifying them of the City Commission's intention to consider approval of the Brownfield Plan Amendment [after the public hearing described below]. 2. A public hearing is hereby called on the 11th day of July, 2000 at 5:30 p.m., prevailing Eastern Time, in the City Hall to consider adoption by the City Commission of a resolution approving the Brownfield Plan Amendment. 3. The City Clerk shall cause notice of said public hearing to be published in the Muskegon Chronicle, a newspaper of general circulation in the City, twice before the public hearing. The first publication of the notice shall be not less than 20 days or more than 40 days before the date set for the public hearing. The notice shall be published as a display advertisement prominent in size. 4. The notice of the hearing shall be in substantially the following form: CITY OF MUSKEGON COUNTY OF MUSKEGON, STATE OF MICHIGAN PUBLIC HEARING ON A BROWNFIELD PLAN AMENDMENT OF THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON: PLEASE TAKE NOTICE that the Muskegon City Commission of the City of Muskegon, Michigan, will hold a public hearing on Tuesday, the 11th day of July, 2000, at 5:30 p.m., prevailing Eastern Time in the City Hall located at 933 Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution approving a Brownfield Plan Amendment for the City of Muskegon Brownfield Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of 1996, as amended. The property to which the proposed Brownfield Plan Amendment applies is: 1241 East Keating Muskegon, Michigan Copies of the proposed Brownfield Plan Amendment are on file at the office of the City Clerk for inspection during regular business hours. At the public hearing, all interested persons desiring to address the City Commission shall be afforded an opportunity to be heard in regard to the approval of the Brownfield Plan Amendment for the City of Muskegon Brownfield Redevelopment Authority. All aspects of the Brownfield Plan Amendment will be open for discussion at the public hearing. FURTHER INFORMATION may be obtained from the City Clerk. This notice is given by order of the City Commission of the City of Muskegon, Michigan. City Clerk 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Members- Spataro, Aslakson, Nielsen, Schweifler, Shepherd, Sieradzki NAYS: Members None RESOLUTION DECLARED ADOPTED. tiw.O ~~ City Clerk3 I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of_Michigan, at a regular meeting held on June 13 2000, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. ~o , ~~~w City Clerk . Memorandum To: Honorable Mayor and City Commissioners BrownfieldRedevelopmentAuth01ity CC: Bryon Mazade, City Manager Gail Kundinger, City Clerk From: Cathy Brubaker-Clarke, Director of Community & Economic Development Cb c Date: 06/12/00 Re: Hearing for Brownfield Plan Amendment Attached is the legal description and map for Beacon Recycling. These should be attached to the Brownfield Amendment information that you previously received. Attachment 1 LEGAL DESCRIPTION A PARCEL OF LAND BEING A PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 33, TOWN 10 NORTH, RANGE 16 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 33; THENCE SOUTH 01 DEGREE 00 MINUTES 40 SECONDS WEST ALONG THE NORTH/SOUTH 1/4 LINE, A DISTANCE OF 1370.04 FEET; THENCE NORTH 89 DEGREES 22 MINUTES 19 SECONDS EAST, A DISTANCE OF 225.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 22 MINUTES 19 SECONDS EAST ALONG THE SOUTH RIGHT OF WAY LINE OF KEATING AVENUE, AS ESTABLISHED PER SURVEY BY M.M. BUCK, MARCH 1951, A DISTANCE OF 7.84 FEET; THENCE SOUTH 49 DEGREES 37 MINUTES 16 SECONDS EAST ALONG THE SOUTHERLY RIGHT OF WAY LINE OF C & 0 RAILROAD,A DISTANCE OF 558.46 FEET; THENCE SOUTH 00 DEGREES 54 MINUTES 34 SECONDS WEST ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, AS FOUND MONUMENTED BY M.M. BUCK, MARCH 1951, A DISTANCE OF 410.93 FEET (DEED 411.00 FEET;) THENCE NORTH 89 DEGREES 07 MINUTES 43 SECONDS EAST, A DISTANCE OF 462.31 FEET (DEED 462.20 FEET;) THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF C & 0 RAIL ROAD ON THE ARC OF CURVE TO THE RIGHT, A DISTANCE OF 289.44 FEET (CURVE DATA: R=5610.72', DELTA=02%%D57'20", L.C.=289.40', L.C.B.=S43%%D47'21"E;) THENCE SOUTH 00 DEGREES 48 MINUTES 58 SECONDS WEST ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, AS FOUND MONUMENTED BY THE PLAT OF OAK GROVE (1943) AND M. M. BUCK MARCH 1951, A DISTANCE OF 235.16 FEET TO A POINT THAT IS NORTH 00 DEGREES 48 MINUTES 58 SECONDS EAST, A DISTANCE OF 66.00 FEET FROM THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE SOUTH 89 DEGREES 27 MINUTES 42 SECONDS WEST PARALLEL WITH THE EAST AND WEST 1/4 LINE, AS FOUND MONUMENTED BY M.M. BUCK, MARCH 1951, A DISTANCE OF 410.31 FEET (DEED 410.4 FEET) THENCE NORTH 71 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE NORTHERLY LINE OF CONSUMER POWER COMPANY RIGHT OF WAY, A DISTANCE OF 709.75 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 23 SECONDS WEST, A DISTANCE OF 983.62 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 14.64 ACRES MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR APPARENT THEREOF. SUBJECT TO A 20 FOOT WIDE RAILROAD SPUR PER UBER 868, PAGE 263. 3033-4/jrm TOGETHER WITH AND SUBJECT TO AN 18-FOOT WIDE EASEMENT FOR INGRESS, EGRESS; SAID EASEMENT BEING 9 FEET EACH SIDE, WHEN MEASURED AT RIGHT ANGLES TO THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 33, TOWN 10 NORTH, RANGE 16 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN; THENCE SOUTH 01 DEGREE 00 MINUTES 40 SECONDS WEST ALONG NORTH/SOUTH 1/4 LINE OF SAID SECTION, A DISTANCE OF 1370.04 FEET; THENCE NORTH 89 DEGREES 22 MINUTES 19 SECONDS EAST ALONG THE SOUTH RIGHT-OF- WAY LINE OF KEATING AVENUE, A DISTANCE OF 225.04 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE 18-FOOT EASEMENT; THENCE SOUTH 00 DEGREES 14 MINUTES 23 SECONDS EAST, A DISTANCE OF 941.29 FEET, MORE OR LESS, TO A POINT 40.00 FEET NORTH OF, AT RIGHT ANGLES TO THE NORTH LINE OF CONSUMERS POWER COMPANY'S RIGHT-OF-WAY (66.00 WIDE) AND THE POINT OF ENDING OF SAID CENTERLINE. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS TO BE 40.00 FEET IN WIDTH, LYING 20.00 FEET LEFT AND 20.00 FEET RIGHT OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE NORTH 1/4 CORNER OF SECTION 33, TOWN 10 NORTH, RANGE 16 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN; THENCE SOUTH 01 DEGREE 00 MINUTES 40 SECONDS WEST ALONG THE NORTH/SOUTH QUARTER LINE, A DISTANCE OF 1370.04 FEET; THENCE NORTH 89 DEGREES 22 MINUTES 19 SECONDS EAST ALONG THE SOUTH RIGHT-OF-WAY LINE OF KEATING AVENUE, A DISTANCE OF 225.04 FEET; THENCE SOUTH 00 DEGREES 14 MINUTES 23 SECONDS EAST, A DISTANCE OF 962.46, MORE OR LESS, TO A POINT 20.00 FEET NORTH OF, AT RIGHT ANGLES TO THE NORTH LINE OF THE CONSUMERS POWER COMPANY'S RIGHT-OF-WAY (66.00 FEET WIDE) FOR THE POINT OF BEGINNING OF SAID CENTERLINE. THENCE NORTH 71 DEGREES 06 MINUTES 20 SECONDS WEST ALONG SAID CENTERLINE, A DISTANCE OF 253.52 FEET, MORE OR LESS ,TO THE EAST RIGHT-OR-WAY LINE OF ROBERTS STREET AND THE POINT OF ENDING OF SAID CENTERLINE. 3033-4/jrm A1l1l11llllnnn. LEGEND NORTH M C !,IQ.SURED DIMDISION ColLCUIATED DIMENSION R RECORD OU.IEHSION 0 DEED DIMENSION 0 SET IRON • a fOUND IRON SET CONC LIONUMENT • f'OONO COMC t.lONUMENT SECTION CORNER GUY WIRE • -x- i:, SOIL aoRING/CROUND'lr'ATER SAMPLE SOIL SAMPl.E ! i I,, ~ ti! i e: ~ I (/)~ ~! ~ m m i• ~ I f ~ ~ II: ~ Checked: JRG Date: 04/28/00 BEACON LEASING, L.L.C. Drawn by: BJ Muskegon, Michigan Date: 04/28/00 File No.: J08-J 2534 Black Creek Road J75 River Street, Sui'te 201 Figure: Muskegon, Ml 49444 Manistee, Ml 49660 SITE PLAN Ph: (2J1) 777-3447 Fax: (2J1) 77J-J45J E-mail: westshorefOaol.com Ph: (2J1) 723-2202 Fax: (2Jt) 72J-2291 E-mail: wesfshoreOvoyoger.net 1 C>\lund projects r2\308-3\ciwg\308-3,dwg 05/31/2000 10>11>04 AM EDT Date: June 13, 2000 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Fireworks Display - Summer Celebration SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is requesting approval of a fireworks display for June 29, July 4 & 9, 2000. Fire Marshall Grabinski has reviewed the request and recommends approval contingent on inspection of the fireworks and approval of the insurance. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. 2000-61(d) 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: Summit Pyrotechnics : :..- NAME Steve Franklin ADDRESS AGE 2866 Vandenberg Rd. REPRESENTING NAME OF ORGANIZATION, GROUP, FIRM OR CORPORATION Summer Celebration ADDRESS NUMBER & TYPES OF FIREWORKS: 40 - 12 11 900 - 6" 40 - 10 11 450 - 411 80 - 8" ]200 - 3" DISPLAY: EXACT LOCATION Barge - Muskegon Lake - off of Heritage Landing CITY, VILLAGE, TOWNSHIP DATE TIME -.June 2-9, 2000;.- July 4 and 9, 2000 10: 20 p.m. BOND OR INSURANCE FILED: () NO AMOUNT $1,000,000. ISSUED BY: Issued by action of the MUSKEGON CITY COMMISSION (council. commiu ion, board) ofthe CITY of MUSKEGON - (city, village, towruhip) (name of city, village, township) on the _ _ _1_3_th_ _ _ day of -=J:=n=ec..,~,q._ _ __ >t»ZOOO ~ -4,L -' Fred J. Ni elsen , Mayor (signature & posicion of council, commission or board representative) JUN-06-2000 11=46 FRANl<L I N CO~ITACTORS 16167391226 P.01 F M• 321 1%· 68) APPLICATION FOR FIREWORKS OISPLA Y PERMIT CAH OF APl'LICP,TION Act 358,. P.A. 1968 I S--f,,,-11'0 l, TYPE OF DISPLAY, ~ Public Oi.sploy 0 A9riculturi!I Pest Contra! :z. APPLICANT AC! E: Mu&l be 21 or O~U( I ~ -,,. COHl"OKA TlbN: Nvrn( or P,o,~l dent ACl;)l!! SS ./ 3, PYROTECHNIC OPERATOR 5)1.llliRliNC!!: Y NAMB OF ASSl!ttANT!i, NAMi AOCR£'.$& AG£ 1---------------·- NAME ··-.. -·-·--+--- - - - - - - - - - - -- -- - - -·--+-,--- ADOl'l!SS .t.QE -- - - - - - l "· NON -Res10EN1 APPLICANT NAME ADD!!£SS · 7,;;;;~-of_M_ ic- hi-[la_n_A1- ,~- y-c_t_R-•s-i-dn-~-t-A-ue-~-1---+-A-O_D_R_ tn-~- ES- S - - ~ - - - - - - ·---·•·• • • -- - - - - - - - - . - T l o -L-tf'_H_O_N_E_NU _M_B_E_R_--1 S. liXACT L.OCATION OF PROPOSED D1$Pl.A Y 6, NUMBER A.NO KINDS OF Fl RVwoRK5 ro BE'°61SPLd'io I;). i' I"' ~.'....-......ii.,-1- · -----6.~-' lf::_____:$_I I - - ·-"-·---~--· ·- - - - - - - - - - - - - - - - - - 1 ,____,4~0 lf-Q________.,._,?fD. ,__ ______,, _,__,.f~'--"""~--+-~""""-'jO=-__/.dlQ?J;,:::....____ __ _ "·-~~ - --·· 1 - - - - --- --- - - ~ - ------,,.-4 --- ·· -·· .. . . ---·· ·--... ~~--J~~P=----··-··· -. ----------------- . -,~f- Q 'Lil"-;, I------··"--.,...... - - - - - - - - - - - --- - - - - - - - - -"3 -•AA-- "-'\\ .)V' -=---- a,,,----;.p... ~ -~ rii·.:.-C · _, -"~s - - - - - - - < 1---------·-··-·· ...... .........__._,, __,.,,.- - ~ -- -- - - - - - -- - -- -- -~.WU..:.- c;,'-~ v •- MANNER 8, Pl.ACE OF STOR,1>(\t P~IOA TO t,ISµLAV s:·t. ,~0/' .J9£_ 'fr, 5✓Y~-..-da~y----tctf',.;£.. L.-_s:~Xi..=o~w2,L________._ ___; A. A MOUNT OF BONO OR INSURANC E 7, FINANCIAl. RESPONSIBI LI TY 1-----·-------· ·-· - ------_._- ---~--- B. B<'.INDINC COAPOA ATIO~ 0 ~ 1 NS~JAANC~ COMPANY: 'I A ME A.C,DRESS 110 ~ s~1 by muni~i~alityl I ~-------, . ./ TCTAL P.01 . . un. I" '000 2'33PM 00 1 LIFF INSURif'CE Mc 79"' p ACOBO. ' < 'CERTIFICATE OF LIABILITY INSURANC~cG ITP 1 cl oA~(MMn>DIVYl 06/13/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dolliff, Inc. Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6465 Wayzata Blvd., Suite 850 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, St. Loui~ Park MN 55426 Phona: 612-593-7400 Fax:612-593-7444 INSURERS AFFORDING COVERAGE IN5URl!D INSURER A: Lexinaton Insurance ComnAnV INSURER 8: Summit Pyrotechnics Inc. Steve Franklin IN!URERC: 2866 Vandenbefii Road INSURERD: Muskegon MI 4 44 INSURERE: ' COVERAGES THE "OLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N0lW1THSTANDING ANY Re:QUIREMENT, TERM OR CON Om ON OF ANY CONTRACT OR OTHER DOCUMENT Wfflf R.E5Pl:CTTOWlilCH nus CfRTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERIIIS, EXCLUSIONS AND CONDllfONS OP SUCH POLICIES, AGGREGATE UMITSSHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. 'f-PC TYPE OF INSURANCE POLICY NUMBER hX%fl'r.,ifibr>rr~r=: -oA""i'EiMM1oom1 LIMITS -GENERAL UA91LnY A - X COMMERCIAL GENERAL LIABILITY ~SD 06/15/00 ' 06/15/01 eACH OCCU!'I.Rl!NCI! FIRE DAMAGE {Any on, fire) • 1,000,000 50,000 - ~ CLAIMS MADE ~ OCCUR ~ $2,500 Deductible MEO EXP{Any oneperaon! PERSONAL&AOV INJURY •' $ Excluded 1,000,000 _ E•r ooouranoe GENERALAGGREOATE •• 1,000,000 7 GEN'L AGGRe:GATE LIMIT APPLIES PER: ,aucv n i:!'Ps r-1 ,oc PftODUCTS • COMPfOP AGG • 1.000 ,000 AUTOMOBILE L1AB!UTY ~ ~ ANY AUTO COMBINED SINGLE LIMIT (Ea accldentJ • ALL OWNED AUTOS BODILY INJURY ~ (Pu p•rson) $ SCHEDULED AUTOS f-- ~ ~ HIRl!DAUTO! NON-OWNED AUTOS BODILY ltJJURY (Per accld•nl) • ~ PROPERTY DAMA.GE $ {Per accld.nt) R GARAGE UAB!LITY ANVAUTO AUTO ONLY· EA ACCIDENT OTHER THAN AUTO ONLY: EAAC¢ AGO $ $ • EXCESS i.lABILITY tJ OCCUR • CLAIMS MACIE; EACH OCCURRfNCf AGGREGATE $ $ R 01:0UCTIBLE s • RE:TENTION WORKERS COMPENSATION AND ENPL.OYEFIS' LIABILnY I I iORV"t.iMTTs I E.L. EACH ACCIDENT . - $ $ E..L DISEASE- EA EMPLOYE! S 1!,L, Dl!f"A!'I! • POLICY LIMIT $ OTHER 'I DESCRl"T!ON OF OPERATIONSfLOCATIONSNEHICLESJEXCLUSIONS ADDl!O S'!' !NOOI\S!Ml!.N'!'ISPECIAL PROVISIONS • Includ.c.is limit par di.splay-See attached addendum CERTIFICATE HOLDER I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE A50VI CESCRlBED POLICIES Bi CANCELLED BEFORE THE EXPIRATIOI MUSKEGO DATE THEREOF, THE ISSUING INSURE~ WILL l:'NDt;AVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THI! CE!RTIFICAT!: HOLDER ~AMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL City of Muskegon IMPOSE NO OBLIGATION OR LIABILITY OF A[jly_lQNO UPON 'n-lE INSURER, ITS AGENTS OR City Hall Muskegon MI REPRESEr,tTATIVES, ... ~ - -~ - !, '-HA ~ r;. pt';u,,,' n/.- ., • t,,:; John G.B. AllQn ' ACORD 2&-S 7197 /# @ACORD CORPORATION 19.. IJ ,un 13. 2000 2:33PM DOLL I ff I NSUR.4NCE flo.79,8 P Swnmit Pyrotechnics, Inc. 2866 Vandenberg Road Muskegon, MI 49444 ADDENDIJM Muskegon Summer Celebration, County of Muskegon and the city of Muskegon and all elected and appointed, all employees and volunteers, all board commissions or authorities and their board members, employees and volunteers are named as Additional Insureds with respect to Pyrotechnic Displays on the barge-Muskegon Lake 1,000' North of Heritage Landing for the dates: June 29, 2000, July 4, 2000, July 9, 2000, (rain date: TBD) I I -.·y · o,· F CIT -~ ' . - ~- ; -· - : .. , _ ) MUSKEGON CLERK'S O·FFICE facsimile cover sheet 77m !1/c C/4 o;y- o ,,. To: MifA lou~r Fax: From: I ' /J Date: L112da Re: Pages: 3 CC: D Urgent D For Review D Please Comment • Please Reply D Please Recycle CITY CLERK'S OFFICE OFFICE # (231) 724-6705 FAX # (231) 724-4178 Sum,n er , L //1 s c1 rw/J c e.. 0/1, Date: June 13, 2000 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Fireworks Display- GVSU 740 Shoreline SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is requesting approval of a fireworks display for June 15, 2000. Fire Marshall Grabinski has reviewed the request and recommends approval contingent on inspection of the fireworks and approval of the insurance. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval, subject to Fire Marshall Grabinski's inspection and approval of insurance. 2000-61(e) 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: Summit Pyrotechnics NAME Steve Franklin ADDRESS AGE 2866 Vandenberg Rd. REPRESENTING Grand Valley State University NA.'vlE OF ORGANIZATION, GROUP; FIR.'.f OR CORPORATION ADDRESS 740 Shoreline Drive NUMBER & TYPES OF FIREWORKS: 20 - 3" salutes DISPLAY: GVSU EXACT LOCATION 740 Shorel ine Drive CITY, VILLAGE, TOWNSHIP DATE 11,',,ffi June .l 5, 2000 4:30 p.m. BOND OR INSURANCE FlLED: 0() YES ( ) NO AMOUNT $1 , 000, 000. ' !$SUED BY: Issued by action of the t,.,CTJSKEGON CITY COMMISSION (council, commiuion. board) of the CITY of · MUSKEGON (city, v,ll,ge. ~wnship) (iwne o( city, village. "1wruhip) on the __1_3_t_h_ _ _ _ day of Fred J. ~ en, Mayor (s1gn1rurt Jc potil1on o( council, commis.sion or boud rcprescnl.ltive) C·c: &/; 6. FM- 32( 12- 68) APPLICATION FOR FIREWORKS DISPLAY PERMIT I DATE OF APPLICATION Act 358, P.A. 1968 ~-- f?-OCJ . l. TYPE OF DISPLAY: ~ - Public Display D Agr icultural Pest Cantral 2, APPLICANT s .ME OF PERSON ADDRESS AGE: Must be 21 or over .../ v'Vl ,,vL 1 ' r IF A CORPORATION: Name of President ~ N7f e c:-kv,c.~ A ~~t:. ADDRESS J/4£, .r /lr7,,,1J)r/'c; I /}!/. .::;-o 3. PYROTECHNIC OPERATOR £1 ADDRESS AGE : Must be 21 or over s -e,Y"?- ~ME ~,,J/r 11":U 2 g-1✓/,? 1/,4, v/ll,,. l/2,,:J,,"½' / EXPERIENCE: t?.37..-vv,.,-J:3 NUMBER OF YEARS I NUMBER OF DISPLAYS WHERE /St, r . P d/1 ,:; _:)/)/,! -;- IJ I/ c;ve -- //,s; fi_ NAMES OF ASS ISTANTS: NAME ADDRESS AGE NAME ADDRESS AGE 4. NON-RESIDENT APPLICANT NAME ADDRESS Name of Michigan Attorney or Resident Agent ADDRESS TELEPHONE NUMBER S. EXACT LOCATION OF PROPOSED DISPLAY l-.// !f E:;,/JICYf1. i-- GJv S~lL ____sde _ DATE I t}/U /?I1/5«-e~cJ,t__} ~ I TIME Aakte r - ,' 7~ 1· '" 7-.:, ~ & - it"3- -00 1/, ·30 ,Ot/YL 6. NUMBER AND KINDS OF F l REWORKS TO BE DISPLAYED .2 /'~ - J' IISa l / ~< · - Rl=~Ct\1cn .. ·- ......,._, .., -. ...... II IN n 8 7nnn - -· vv -• . \JILY - · urr1ce '-'•t::rKs /) ~ .S);JJU/4 MANNER & PLACE OF STORAGE PRIOR TO D I SPLAY ,) /. ,·,'.n /) e✓fl / ~ <; , ~ dcJJV / ( Subject to Approval of Local F ire Author i ties) I A. AMOUNT OF BOND OR INSURANCE 7. FINANC IAL RESPONSIB ILITY I I to be set by municipality) 5 B. BONDING CORPORATION OF INSURANCE COMPANY: NAME I ADDRESS f SAA n t h Ar sir1A fnr i n s truction~) ClT'Y OF MUSKEGON CLERK'S OF.F·1·c E~~. .' . : . :~ ! . ...:_ facsimile cover sheet Fax: Date: &,- /]-0(') Re: Pages: CC: 0 Urgent O For Review • Please Comment • Please Reply D Please Recycle CITY CLERK'S OFFICE OFFICE# (231) 724-6705 FAX # (231) 724-4178 I Cl!.S I /J/o_)L (7 /- 7f () 5/2of f /1~ f~ /I] th t1;,- ol AC.ORO~ CERTIFICATE OF LIABILITY INSURANC~i11 I 0A'Tg (~Mlllrll'VY) 06/14/oo PRODUCER THIS CERTIFICATE IS 1ssueo 45 A MATT!ft 0~ INFORMATION ONLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE Dolliff, :Cne _ In:!!!luranag HOLDER. THI$ CERTIFICATE COES NOT AMEND, EXTliNC OR 6465 Wayiat~ Blvd., Suit~ 850 ALTER THE COVEIUGE AFFORCEO ~ THE POLICIES BELOW. St. l.ou~• Park MN 55426 l!hone,612-593-7400 Fax:612-593-7444 INSURERS AFFORDING COVERAGE INSURED 11\iSUrl.lRA: Laxinoton In~urancg Com~anv INSUHiRe; Summit PyrotechnicB Inc. INSURER Cl Steve Fra.nkl..in 2 8 6 6 Van<'ianb&ilj Eload IIIISU.ll~R D: 14\l~kegon MI 49 44 INGUl\el\ E; ' COVERA(lES '!"Hi POLICIES OF 1111$1,!~ANCI. LJSTEO B'E!.OW HIM! BEi!N ISSUED TOTH!; l~SU~l!D NAM!D AflOVt. l'Olll 1'f11! ~LICY PERIOD INDIOATED, NO'fWITtlST.A.NDING ANY f\EQUIRi!MENT, llifl.M Qf( C:QNDITION 01' ANY CON'fflACT CR OTHER DOCUIIIINT WfTl-1 l'{S'fiPliCT TO WHICH TH lb ¢CP,i,1!!1eATi. MAYBE ISSUED OR MAY PERTAIN, TH£ /NSUAANCEAFFORDi'1 &VTHE l'QLIClfiS DESCRIBED 1-ll!!~l!lt-l IS SUBJl!CTTO ALL THE TERMS, EXCLUSIONS ,11,N[) WONi;JITION5 OF SUCH POLt¢flS, AGiGRiGATE UMITS SHOWN MI\V MAVE BEi=N REDUCED BY PA\11 CLAlfl!ll, 'i.1" TYPE OF INSURANCE POLICY NUM!lffl bATif(~ :ti/MM/OD LIMlTS A ~Nl!!ML I-IA..BIUiY Ji COMMIR.C:IAI. (illjiNiRAL LIABJLl'l'V :!'130 06/15/00 06/15/01 EACH OCCURRENC'6 1"11\1'! DAMAGE !Any on.~ littl • $ 1,000 000 50.000 ~ QCCU" MS:C EXP {Any ~l'lt p11.,.1m) E>:ol1,1d<!d - ~ ~2 1 : ] CLAIM$ M'Al)5 500 Dedu~tible PERSONAL&. ADV INJU'rl.'T' ' I 1,000 000 - EB." oi::c.u::enoa ' OENERAI. AO.GREO:AT!i; I* 1,000,000 GEWL AGGRP;!.GAT! Llf~IT Al'PL.1~& l"llt F'ROOUCTS. C• M!"JOP AGG 1,000 000 7 P'QUC'Y •n•••·JECT 1x1 X LOC ' ~TOMO!IL~ LIHIUTY __ , ANYAUTC eOM8UJ&O SINGLE LIMIT (Ga ~i:::cld• nl) I ALL. OWNSCI AUTOS - &ODILV II\IJUR,V I SCHEDULiD AUTOS HlREDAUTOB (PU Jlll'30n) ' '- ll:OOILV INJURY - OON.OWNE0 AUTOS (P,r .actldant) ' - PI\OPZ!fl,TY CIAl'IIAGI! (Per ll!CCid&llt) $ R GARAGE LIABILITY ANYAUTO A.\JTO Or,JI.Y •iAACCIDENT OTHER THAN AUTOQ,l,ILY: l!AA¢Y ••• $ I I ::J EKCEH LIA81LITY OQOUR • CLAIMS MADi EACH oceui;,FU!NC!i AGGRl!!GATE ' I 7 OEDUOTIJILG R&TENTlON • ' $ • WON<Ef\S CQMPINSA.110NANtl EMPLQVERB' LIA.BILl'tV' I TORYLIMIT81 f.L. !A.CH ACC!Dr:NT I"••· E.L, bl&IAH • liA &MPLOYEf $ ' liL DISEASE- POLICY 1-IMIT $ OTHER DESCRIP't!ON OF OPl!!RA110N51LC0A'MON9NEHICLES/EXCW&IONS ~DiD &Y ENDCR5EJ\f6NTJSP9CIAL PROVl!!I NS • ::cncludes lifilit p~~ dJ.~play-C~rtifieate Holder, County & City of Muskegon al1 eleQted & appointed, a11 amploy8$$ & volunteer$, a.11 board commissiop.$ ' or authorities and thair board malllb~~$, employee5 , v¢1 untears a=e named a• Acl<l;i.tional In:s\l~e.Q.a with re(q;JQ¢t t:.o Juna 15, 2000 Pyrota~hnia Display a.t 740 Shoreli~a Or1ve CERTIFICATE HOLDER \ N I l\DDlllONAL INSUl't!O; !hl8URER LETTEA.; CANCELLATION SHOULD ANY OJiTtiS Aeova DHCl'l.lr:!r:O P'OLIC118 QE CANCEL LEO HFQRf Tl-IE EXf'IRA.'1'101 GRANJ}VA DATii 'fHl,lt.11:0F, TME ISSUING !NGUF\l!RWILL ENC~AVO~ TO MAIL 10 bAYS WRITTEN NOTICE TO THEC~TIJ:ICATE HOLDF.R NAM EC 10 THE LEfT, 8UT FAILURE TO 00 ;SQ $HA.LL Grand Valley Stata University IMPOSE NO OSLIGATION QI'{ LIA81LITY OF ANY Kt Nb UP-ON 'THE INBUR,A, IT$ AG&NTS OR 740 Shoreline Drive r r .I ;J -;•· /4 .. ~ ~EPRESEHTATI\IEG, A - /f/M -'l..,-- " ~ rJ. v .,•:·· .. Jn>.n G.B. Allen /<CORP 25-B (7197) ©ACORO COFIPORATIVN 1988 I/ SNI jjlllOa W~0v,l0 00, vl Nnr AGENDA ITEM _ __ To: Honorable Mayor and City Commissioners Through the City Manager From: Lee J. Slaughter, Assistant City Manager Date: June 7, 2000 Re: City Commission I Departments 2000- 2001 Goals SUMMARY OF REQUEST: The City Commission held its annual goal setting session on Tuesday, May 31, 2000 and recommends the approval of the attached goals for the 2000 - 2001 period. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached goals. COMMITTEE RECOMMENDATION: The City Commission held a goal setting work session on May 31, 2000 and recommends approval. CITY OF MUSKEGON REVISED GOAL STATEMENTS GOAL# 1: Be Perceived by Residents and Non-Residents Alike as "the Premier" City in Western Michigan. GOAL #2: Improve Race Relations in the Community and Promote diversity on City Committees and Boards. GOAL #3: Enhance the Educational and Job Skill Levels and Improve the Marketability of Our Young People. GOAL #4: Strengthen the Diversity and Improve the Stability of the Community Economic Base. Focus Attention on Downtown Redevelopment. GOAL #5: Sustain the Physical Resources of the Area Through Careful Stewardship. GOAL #6: Improve City Service Delivery. '' GOAL #7: Improve Government and Agency Cooperation Throughout Greater Muskegon. CITY COMMISSION/ DEPARTMENT HEADS GOALS 2000-2001 CITY MANAGER 1. Continue Downtown Redevelopment A. Shoreline Drive East - Complete design and secure funding in 2000. Begin construction in spring 2001. B. Cross-Lake Ferry - Receive a commitment from developer and settle on site for Cross-Lake Ferry service in 2000. C. Muskegon Mall Redevelopment- Work withe owner and Community Leaders to redevelop/ re-position the mall. D. Parking Ramp - consider options for ramp; i.e. sale, lease, redevelop - restaurant, theater, etc. E. High Tech. Park - work w/County, Chamber, MAF and others to develop a downtown/waterfront High Tech Center F. Teledyne Property Redevelopment-work w/ prospective owner to re-develop the property for mixed use development. 2. Continue the development of Seaway Industrial Park, including property acquisition and infrastructure construction. 3. Reduce Workers Compensation Costs. 4. Continue long term budget cuts. ADMINISTRATION 1. Coordinate the creation and implementation of Commission Goals throughout the organization. 2. Send out RFP for long term Cable Coverage of Commission meeting. 3. Research various options for providing Legal Services. 4. Coordinate the implementation of Employee Training according to the "2000 Employee Training Calendar". 5. Develop a City-University Program. (This is a program I learned about at an ICMA Conference I attended last year. The program can be described as being the equivalent of "government 101" (so to speak) of a particular city [ie. Muskegon]. Its purpose is to essentially develop a more informed citizemy. Its design can be as diverse as the particular city would like for it to be. It requires long-term commitment and committed resources by the unit of government involved to ensure measurable program effectiveness). 6. Continue to foster City-Agencies Relations where possible (i.e. Institute for Healing Racism, Muskegon Promise, Leadership Muskegon, etc.) towards the enhancement of quality of life issues. 7. Improve the City's connnunication efforts (i.e. Annual Report, The Channel, Internal Newsletter, Resolutions, News Releases, and explore and encourage more opportunities for electronic communication with the public.) 8. Continue to work on employee/ Management Relations/ Connnunity relations (i.e. United Way, All Employee Day, etc.) 9. Continue to work with union leadership and department heads/supervisors to ensure improved labor/management relations, thereby, curtailing un-necessary grievances. CIVIL SERVICE I. Create a Job-line for interested applicants. 2. Complete revision of Civil Service Rules and Regulations. 3. Maintain updated information on employment opportunities on the City's Web page. A. Update employment applications and make accessible online. B. Begin putting policies and forms on-line. 4. Initiate new personnel record keeping system. 5. Revise FMLA forms and procedures for compliance. 6. Critique light duty policies and procedures. 7. Revise performance evaluation program. CITY CLERK'S OFFICE 1. Improve business registration in the City. Provide on-line access by other City departments to data base information. 2. Complete the codification and put the Code on the network for access by other City employees/departments. 3. Continue implementation of Data Imaging throughout the organization. 4. A. Design Clerk's Office Web Page with various links to allow information on all licensing, permits, voter registration, absentee ballot information and also include forms and applications so individuals may have access without physically coming to City hall. B. Create and provide through our own web page a request form for researching information for public or other depmtments. 5. Enhance existing voter registration programs with seniors, students, and neighborhoods. 6. Create our own brochures with information on various services we offer. 7. Set up a computer in our office for public access to information. Allow research to be done by members of the public and other departments. Hope to train public to start using our website for information. AFFIRMATIVE ACTION 1. Intensify recruitment efforts within colleges and universities to improve job applicant pool. 2. Address vm'ious employment challenges associated with out of state recruitment. 3. Connect the tax abatement program to the City's goal to increase the job skill and marketability of young people. 4. Enhance Julia Hackley Internship programs 5. Implement a Citywide diversity/ cultural sensitivity program. FINANCE I. Begin implementation of GASB 34 changes to the City's financial reporting model. This will be a major change to the way the City accounts for financial resources and will require several years for implementation. 2. In conjunction with Treasurer's Office, develop a unified data base for customer accounts receivable. This data base would provide a one-stop overview of amounts owed by customers for such diverse items as property taxes, utility bills, income taxes, and miscellaneous receivables. 3. Develop strategies for dealing with unacceptably high costs in the areas of workers' compensation and retiree healthcare costs. 4. Develop better system for accounting for inventories. 5. Consider strategies (including outsourcing) for improving retirement system administration. INCOME TAX I. Improve collection of delinquent taxes. A. Utilize the collection agency for difficult accounts. B. Improve the billing/notification process. C. Take some delinquent accounts to court within 90 days. 2. Increase compliance of tax laws. A. Continue to receive income tax data from the State of Michigan. B. Utilize information from other city departments. 3. To better use the technology in place to make our depmiment more efficient. A. Total billing automation through our tax software. This would save time and increase revenue. B. To have refunds electronically transferred (Direct Deposit). Direct deposit will bring down check and postage costs. INFORMATION SERVICES DEPARTMENT 1. Create a unified database containing information used by Inspections, Environmental, Planning, Housing, Assessing and the Clerk's office - solution may be web based. 2. Diagram, map and catalog all computers and terminals. Provide total cost of ownership, replacement schedule, and upgrade plans. 3. Consolidate servers - one data, one application server. 4. Purchase, install and configure hardware firewall solution for Police, Fire and City Hall. 5. Implement a data warehousing solution and expand document imaging. TREASURER'S OFFICE 1. Research and evaluate treasury management software systems and solutions for potential implementation at the City of Muskegon. 2. In cooperation with the Public Works Department, implement a plan to identify large water meters accounts and un-metered sewage flows and review billing history. 3. Continue efforts to improve the city's AIR collections by reducing AIR days and enhancing cash flow. 4. Implement an aggressive plan to reduce the delinquency rate on personal property taxes. 5. Begin working towards a unified receivables database with access throughout the City. 6. Review the city's current parking ticket computer hardware and software in comparison to the city's needs. PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT I. Economic Development A. Improve the Economic Viability of Downtown Muskegon through Image and Marketing Efforts as well as Working Closely with Developers of Downtown Properties B. Develop Seaway Industrial Park C. Implement Clean Michigan Waterfront Redevelopment Grant Funding Projects D. Pursue Development ofDowntown/Lakeshore Teclmology Park E. Expand Brownfield Redevelopment Authority to Include Redevelopment of Obsolete Commercial and Industrial Buildings (pending legislation) F. Continue Development and Implementation of Specific Downtown/Waterfront Projects (e.g., Cross-Lake Ferry, GVSU Water Resource Institute, Western Avenue Redevelopment) G. Implement New Tax Abatement Policy and Monitoring Procedures H. Work with community groups to beautify major entrances into the City (i.e., Seaway Drive, Laketon Avenue) I. Seek Certification of Medendorp Industrial Park II. Planning A. Complete Areawide Site Assessment Study B. Complete Two Sub-Area Plans (e.g., Getty Street, Heritage Village/Downtown, West-End Lakeshore) C. Continue Jackson Hill Marketing Strategy D. Complete Property Acquisition and Building Demolition for Shoreline Drive; Begin Construction E. Complete Property Acquisition for Lakeshore Trail Property F. Begin Implementation ofLakeshore Redevelopment Plan G. Market and Manage the City-Wide GIS System H. Continue Education and Marketing for Historic Districts I. Continue to Strengthen Neighborhood Relationships and Neighborhood Redevelopment III. Environmental I. Implement the grass notification policy adopted by the City Commission. Keep track of any adjustments that should be made to the policy. 2. Complete the "Welcome to Muskegon" piece to be distributed to Realtors, neighborhoods and through the treasurer's department. 3. Develop the fee-based system to alert multiple-holding property owners of grass and trash violations. 4. Start-up an interdepartmental Neighborhood Conservation team with Inspections, Environmental, Engineering, Community Police and Block grant staff to discuss neighborhood issues of mutual concern and develop interdepartmental strategies to address them. 5. Put together new parcel books from the new computerized mapping system for inspectors and contractors to work from. 6. Map properties that are chronic violators of grass and garbage standards. Compare to other mapped variables of concern (e.g. police activity areas) to identify neighborhood focus needs. The interdepartmental Neighborhood Conservation team could use these tools. IV. Zoning 1. Finalization of Zoning Ordinance Re-write (PUD, parking, district regulations). 2. Develop a Site Plan review handout packet and conduct a workshop for Realtors, architects and developers. 3. Develop updates or additions to informational brochures (e.g. parking, keeping animals, etc.) 4. Start mapping nonconforming uses, Special Use Permit (SUP) locations and other land use related issues to identify action needs. 5. Systematically review the Getty Street Corridor after the plan is adopted for potential rezoning needs. Also review land use in the context of the Master Plan. 6. Put all our plans, ordinance and brochures on the Internet. Put our website address on all printed materials in the department, including our business cards. 7. Computerize the zoning map and get it on the Internet. 8. Develop a computerized schedule of follow-up needs for staff (site plan conditions, performance guarantee deadlines, annual SUP inspections, etc.) with built-in reminder dates for more consistent and timely zoning enforcement. 9. Develop a series of analytical neighborhood-based maps for neighborhood assessment (an atlas) for such variables as rental units, vacant land, land use, nonconforming uses. 10. Get the GIS technology into other departments by helping them with maps of use to them. COMMUNITY AND NEIGHBORHOOD SERVICES I. Improve department response time to HUD for certain required documentation. 3. Increase partnerships within the nonprofit community in the areas of Housing, youth services, employment and education. 4. Advertise programs offered by the department to ensure that all segments of the community (within reason) are aware of programs/ opportunities available to them. Develop public relation, promotional and other outreach mechanisms I literature. 5. Improve the department's interaction and support of the City's neighborhood associations and other community organizations. LEISURE SERVICES 1. Construction of a Youth Center to provide needed services and a safe haven for youth is still the number one goal of Leisure Services. 2. Continue to look at ways to reduce the dependency on the General Fund for Walker Arena. 3. Sustain the physical resources of the area through careful stewardship. A. We continue to work at purchasing the remainder of the trail property and construction of the Lakeshore Trail. B. Completion of Phase IV (Fisherman's Landing to Walker Arena) of the Lakeshore Trail, and the remaining section of the Laketon conidor. C. Design of phase I (Heritage Landing to Grand Trunk) of the Lakeshore Trail. 4. Improve city service delivery. A. We continue to look at ways to improve our service delivery system. 5. Renovation of the Cemetery offices. 6. Determine the future location of Fisherman's Landing. 7. Renovation ofLighton Park. Pursue Grants opportunities. 8. Plant as many trees as we cut down each year. 9. Improve the condition of the terraces after tree removals. 10. Complete the landscaping around the Columbarium and improve the marketing and sales within the Columbarium. 11. Improve the quality and quantity of the recreation programs. 12. Create an evaluation process to look at the effectiveness of the recreation programs being offered and to track the usage patterns. 13. Improve the launch ramps due to the low water. PUBLIC WORKS 1. Explore new procedures and equipment needs to accomplish more in-house paving projects. · 2. Utilize concrete patching on asphalt streets and compare its cost effectiveness Vs. traditional asphalt repairs. 3. Complete all winter season (November 15 -April 15) water repair patches in city Streets by July 1 of the following year. 4. Evaluate Lift Station Telemetry (the current equipment is 6 years old). 5. Water Filtration Plant: Begin the Filter and Sedimentation Basin Rehabilitation Projects. (These projects will be funded by the Water System Revenue Bond issue of 1999). 6. Purchase a mini-camera system to see inside smaller diameter pipes and pinpoint the location of problem areas and structural damage. 7. Begin the second phase of the Accreditation Process. ENGINEERING 1. Begin construction on Shoreline Drive East 2. Solicit and secure additional funding to improve the major street system 3. Start using the GIS System to map the City's infrastructure (water, sewer and roads). 4. Continue to work on eliminating gravel roads. 5. Explore and implement, if possible, the feasibility of using concrete to pave major streets. FIRE DEPARTMENT 1. Fire Suppression: Replacement of 1973 American Lafrance aerial with 2000 General 1000' platform, which is safer and more efficient for the firefighters. 2. Emergency Medical Service: Increase citizen CPR training and study replacement of old automatic defibrillators with new more portable units. 3. Training: Begin training in weapons of mass destruction. 4. Fire Prevention: A. Increase use of new Fire Safety Education Trailer to teach pre- adolescents how to reach in a fire emergency. B. Incorporate Inspection Services as part of Fire Prevention Bureau. st nd 5. Begin study of providing fire safety education in elementary schools at 1 or 2 grade levels on ongoing basis. 6. Develop a water capability for firefighting and dive rescue. 7. Reevaluate the need for fire service based transport ALS ambulance countywide. 8. Complete computerization of all inspection functions and become a paperless dept. 9. Continue efforts to provide safe housing within the community through consistent inspection, code enforcement, and demolition of substandard housing. 10. Continue cooperative efforts with other enforcement agencies to enhance the quality and quantity of cleared investigations. These include, but not limited to, arson, accidental, and juvenile fires. POLICE DEPARTMENT 1. Continue to work on Police - Community relations. 2. Fill all vacant positions and stabilize the work force. 3. Restructure the assignments and responsibilities of department personnel for utmost efficiency. A. Adjust staffing to improve downtown safety.
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