View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 26, 2012 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA CALL TO ORDER: PRAYER: PLEDGE OF ALLEGIANCE: ROLL CALL: HONORS AND AWARDS: A. Recognition of Norma Horan for her Contributions to Hackley Park. INTRODUCTIONS/PRESENTATION: CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Human Resources Agreement. CITY MANAGER C. Approval of Realtor for Community & Neighborhood Services. COMMUNITY & NEIGHBORHOOD SERVICES D. Liquor License Request from Muskegon Country Club. CITY CLERK E. Mueller CL-12 Watermain Tapping Machine Repair. PUBLIC WORKS F. Purchase of GPS Units. PUBLIC WORKS G. Consideration of Bids for S-661 Evanston Lift Station Rehabilitation. ENGINEERING H. Gaming License Request from Red’s Youth Center/Restoration Restore a Generation. CITY CLERK I. Consideration of Bids for Hackley Avenue, Glen to Hudson Water Main Replacement (W-734). ENGINEERING PUBLIC HEARINGS: COMMUNICATIONS: CITY MANAGER’S REPORT: UNFINISHED BUSINESS: NEW BUSINESS: A. Request for Final Planned Unit Development Approval for 372 Morris Avenue. PLANNING & ECONOMIC DEVELOPMENT B. Charter Amendments Regarding Millage Cap and Senior Transit Millage. CITY MANAGER C. Senior Transit Funding. CITY MANAGER D. DDA On-Premise Liquor License for Nemesis, Inc. PLANNING & ECONOMIC DEVELOPMENT E. Concur with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY 230 Myrtle (Area 11) 510 Ottawa (Area 11) 450 W. Southern (Area 11) 1290 Wood (Area 11) F. Filling the Mayor’s Vacancy. CITY MANAGER ANY OTHER BUSINESS: PUBLIC PARTICIPATION: Reminder: Individuals who would like to address the City Commission shall do the following: Fill out a request to speak form attached to the agenda or located in the back of the room. Submit the form to the City Clerk. Be recognized by the Chair. Step forward to the microphone. State name and address. Limit of 3 minutes to address the Commission. (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) CLOSED SESSION: To Discuss Property Acquisition. ADJOURNMENT: ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD: (231) 724-4172. Date: June 26, 2012 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes of the June 11th Commission Worksession Meeting and the June 12th City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. City of Muskegon City Commission Worksession June 11, 2012 City Commission Chambers 5:30 PM MINUTES 2012-44 Present: Commissioners Warmington, Gawron, Hood, Wierengo, German, Turnquist, and Spataro. Absent: None. Proposed 2012/2013 Budget. City Manager, Bryon Mazade, gave a brief overview and explained the timeline in which the budget must be adopted. Mr. Mazade gave a powerpoint presentation with a detailed review of the General Fund. The total budget is $56,737,416. The fund balance is $4,576,273. City employees will be reduced from 241 employees to 233 employees through attrition. Mayor Warmington suggested the Commission consider a 1/10th mill to retain the senior transit program. The City should retain flexibility by partnering with other organizations. He suggested the program be funded for six months until voters decide the 1/10th mill question. Staff should consider a plan with reduced days or hours that the service may be available until the end of the year. Any Other Business. Public comments were received. Adjournment. Motion by Commissioner Hood, seconded by Commissioner Spataro to adjourn the meeting at 7:34 p.m. MOTION PASSES ____________________________ Ann Marie Cummings, MMC City Clerk CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 12, 2012 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, MI at 5:30 p.m., Tuesday, June 12, 2012. Mayor Warmington opened the meeting with a prayer from Pastor Josh Dear from the Lakeside Baptist Church after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron, Commissioners Eric Hood, Lawrence Spataro, Willie German, Sue Wierengo, and Byron Turnquist, and City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Cummings. 2012-45 HONORS AND AWARDS: A. Recognition of Spring 2012 Citizen’s Academy Graduates. PUBLIC SAFETY Public Safety Director Jeff Lewis read the resolution and thanked the 2012 Citizen’s Police Academy for their faithful attendance, completion and graduation from the ten week academy. 2012-46 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes of the May 22nd City Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. Environmental Program Mowing and Trash Clean-up Contract. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The contract for mowing of lots and trash clean up of public and private properties previously held by Freelance Enterprises Inc. had 1 expired on March 31, 2012. A request for bids was advertised and four companies placed bids. Freelance Enterprises of Muskegon Township is the low bidder for a three-year agreement. FINANCIAL IMPACT: None, funds budgeted for this activity. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve a three-year contract with Freelance Enterprises Inc. and to authorize the Mayor and City Clerk to sign the agreements, for the mowing of lots and trash removal on properties located within the City. C. City – MDOT Agreement for the Reconstruction of Sherman Blvd. from Lincoln to Estes. ENGINEERING SUMMARY OF REQUEST: Approve the contract with MDOT for the reconstruction of Sherman Blvd. from Lincoln to Estes, and approve the resolution authorizing the Mayor and the City Clerk to sign the contract. FINANCIAL IMPACT: MDOT’s participation is limited to the approved federal funds of $481,000. The estimated total construction cost is $1,110,500 plus engineering cost. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve the contract and resolution authorizing the Mayor and Clerk to sign both. D. Approval of Contractor for New Construction of House at 605 Jackson. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve the contract with DeRose Builders Inc, 7786 Wiczer Drive, Whitehall, for the new construction of a house located at 605 Jackson for the cost of $117,446. The property was purchased with Neighborhood Stabilization funds from the Michigan State Housing Development Authority, and HOME funds from HUD will be used for the construction. After the new construction is completed, the home will be marketed to sell to an eligible homebuyer with an annual income less than 80 percent of the area median income. The City received six bids. FINANCIAL IMPACT: Funding for the project has been approved in our current budget (2011-2012) from the HOME Investment Partnership funds. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval for the Community and Neighborhood Services office to prepare an agreement with DeRose Builders and direct the Mayor and Clerk to sign the contract. 2 E. Liquor License Request from Top Spin, Inc., 2536 Henry. CITY CLERK SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from Top Spin, Inc., of 2536 Henry Street to transfer ownership of Escrowed 2011 Class C-SDM Licensed Business with Sunday Sales Permit (PM), Dance-Entertainment Permit, Outdoor Service (1 Area) and Specific Purpose Permit (Food) from Team Red Dawn, LLC. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All departments are recommending approval. F. Fireworks Display Permit for Muskegon Country Club. CITY CLERK SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a fireworks display permit for July 4, 2012, at the Muskegon Country Club, 2801 Lakeshore Drive. Fire Marshall Metcalf will inspect the fireworks on the day of the event. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and approval of insurance. G. Polling Sites Relocation. CITY CLERK SUMMARY OF REQUEST: Building closures, redistricting, and ADA compliance have forced the City to move polling locations. Staff proposes to move the following: • Bluffton School (closure) to Great Lakes Naval Museum • McLaughlin School (closure) to City Hall • Hackley Administration Building (ADA Compliance) to City Hall • Nelson School (redistricting) to Department of Public Works FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: To approve the polling location changes as outlined above. STAFF RECOMMENDATION: To approve the polling location changes as outlined above. COMMITTEE RECOMMENDATION: The Election Commission approved the changes as stated at their June 7th meeting. H. Approval of Title Company for Community and Neighborhood Services. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve Lighthouse Title, Inc., to be used by the 3 City of Muskegon for the title work and closing agency for the CNS Housing program. FINANCIAL IMPACT: Fees paid from proceeds of sale or project budgets. BUDGET ACTION REQUIRED: None. STAFF RECOMEDATION: To approve Lighthouse Title, Inc., for Community and Neighborhood Services Title Agency needs. Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve the Consent Agenda as presented. ROLL VOTE: Ayes: Spataro, German, Gawron, Wierengo, Turnquist, Warmington, and Hood Nays: None MOTION PASSES 2012-47 PUBLIC HEARINGS: A. 2012-13 Budget. FINANCE SUMMARY OF REQUEST: The City Commission may take action to adopt the 2012-13 budget with whatever changes or adjustments it deems necessary. City ordinance requires the budget be adopted by the second regular City Commission meeting in June. FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan for operations in the year 2012-13. BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the legal appropriation authority necessary for City departments to conduct operations in 2012-13. STAFF RECOMMENDATION: Receive public comments. Upon closing the public hearing, the City Commission may decide to adopt the budget. The Public Hearing opened to hear and consider any comments from the public. Comments were heard from Joshua Eldenbrady, 1336 Spring Street; Margaret Roles, 1350 W. Hackley; Dorothy Davidge, 1350 W. Hackley; Roger Nye, 1495 Westwood Circle; Marion Oleocarchek, 690 W. Southern; Dan Mills, 1817 Mills; Kay Windget, 1350 W. Hackley; Mark Evans, 1899 Barnes Road; Phyllis Hallberg, 1350 W. Hackley; and Gail Funk, 1350 W. Hackley Motion by Commissioner Spataro, second by Commissioner German to close the Public Hearing. ROLL VOTE: Ayes: German, Gawron, Wierengo, Turnquist, Warmington, Hood, and Spataro Nays: None 4 MOTION PASSES Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the 2012-2013 Budget as presented. ROLL VOTE: Ayes: Gawron, Wierengo, Turnquist, Warmington, Hood, Spataro, and German Nays: None MOTION PASSES Motion by Commissioner Spataro, second by Commissioner Wierengo to direct staff to provide for the June 26th Commission Meeting a proposal for funding the Senior Transit to the end of the year and ballot proposal language to bring to the citizens of the City of Muskegon the opportunity to vote to fund this as a regularly operated program. ROLL VOTE: Ayes: Wierengo, Turnquist, Warmington, Hood, Spataro, German, and Gawron Nays: None MOTION PASSES 2012-48 NEW BUSINESS: A. Proposed Betten Development Agreement Changes/Promissory Note with BRA. CITY MANAGER SUMMARY OF REQUEST: The City’s Brownfield Redevelopment Authority (BRA) is obligated to reimburse Betten Automotive Group for eligible costs incurred in the redevelopment of their Henry Street project plus 6.5% interest. Total reimbursable costs (plus interest to date) amount to $1,681,590. Under terms of the original development agreement, these costs would be paid by the BRA over several years as tax increment revenues were collected. Interest would continue to accrue on the unpaid balance. As described more fully, this proposal is for the City to loan the BRA $1.66 million to pay off Betten now. The benefits are as follows: • Benefit to BRA: reduce interest costs from 6.5% to 3.25% payable to City instead of developer • Benefit to City: rate of return higher than can be achieved on investments like CD’s or US Treasuries • Benefit to Developer: cash received up front to help facilitate further development of Henry Street corridor (also benefits the City and BRA) The City would be repaid over thirteen years (or sooner) at a rate of 3.25% from BRA tax increment proceeds. 5 FINANCIAL IMPACT: The City’s loan to the BRA would be carried equally by the following City funds having adequate cash reserves: General Insurance Fund, Equipment Fund and Cemetery Perpetual Care Fund. The 3.25% interest is much better than can be earned on CD’s, US Treasuries or other investment instruments. BUDGET ACTION REQUIRED: The BRA budget will be amended to reflect loan payments to the City instead of reimbursements to developer. STAFF RECOMMENDATION: 1.) Approval of proposed development agreement changes and, 2.) execution of the related promissory note between the City and the BRA. COMMITTEE RECOMMENDATION: The BRA met on May 29th and approved the proposed development agreement changes and promissory note. Motion by Vice Mayor Gawron, second by Commissioner Hood to approve the proposed development agreement changes with Betten Development and execute the related promissory note between the City and the BRA. ROLL VOTE: Ayes: Turnquist, Warmington, Hood, Spataro, German, Gawron, and Wierengo Nays: None MOTION PASSES B. Engineering Services Agreement for Williams Street Storm Outlet. ENGINEERING SUMMARY OF REQUEST: Authorize staff to enter into an engineering services agreement with Flies & Vandenbrink Engineering out of Muskegon to perform an emergency survey, design and permitting project to replace/repair a 54” storm sewer outlet at the northerly end of Williams Street just north of White Street for an estimated cost of $9,800. FINANCIAL IMPACT: The engineering cost of $9,800 at this time. BUDGET ACTION REQUIRED: This project will have to be added to the 2012-2013 budget. STAFF RECOMMENDATION: Authorize staff to enter into an agreement with F&V engineering. This recommendation was arrived at due to the urgency of the current condition of the storm sewer outlet and complexity of the project. Motion by Commissioner Turnquist, second by Vice Mayor Gawron to authorize staff to enter into an agreement with Flies & Vandenbrink Engineering. ROLL VOTE: Ayes: Warmington, Hood, Spataro, German, Gawron, Wierengo, and Turnquist Nays: None 6 MOTION PASSES C. Fireworks Display Permit for Community 4th of July Celebration. CITY CLERK SUMMARY OF REQUEST: Fruitport Lions Charities Group is requesting approval of a fireworks display permit for July 4th at Heritage Landing. Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on all requirements being met. We also request that the late fees for the fireworks permit and special event be waived. Motion by Vice Mayor Gawron, second by Commissioner German to approve the fireworks display permit for the community on the 4th of July contingent on all requirements being met and that the late fees for the fireworks permit and special event fee be waived. ROLL VOTE: Ayes: Hood, Spataro, German, Gawron, Wierengo, Turnquist, and Warmington Nays: None MOTION PASSES D. Accept the Resignation of Mayor Warmington. Motion by Commissioner Spataro, second by Vice Mayor Gawron to accept the resignation from Mayor Warmington effective June 30. ROLL VOTE: Ayes: Spataro, German, Gawron, Wierengo, Turnquist, and Hood Nays: None Abstain: Warmington MOTION PASSES PUBLIC PARTICIPATION: Public comments received. 2012-49 CLOSED SESSION: Attorney/Client Communication and Pending Litigation. Motion by Commissioner Spataro, second by Commissioner Wierengo to go into Closed Session to discuss attorney/client communication and pending litigation. Ayes: All Ayes Nays: None MOTION PASSES 7 Motion by Commissioner Spataro, second by Vice Mayor Gawron to come out of Closed Session. Ayes: All Ayes Nays: None MOTION PASSES ADJOURNMENT: The City Commission Meeting adjourned at 7:35 p.m. Respectfully submitted, Ann Marie Cummings, MMC City Clerk 8 AGENDA ITEM NO. ______________ CITY COMMISSION MEETING June 26, 2012 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: June 14, 2012 RE: Human Resources Agreement SUMMARY OF REQUEST: To renew the agreement with County of Muskegon to provide human resource services to the city from July 1, 2012 through June 30, 2013. FINANCIAL IMPACT: $75,000 plus incidental costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the agreement and authorize the mayor and clerk to sign it. COMMITTEE RECOMMENDATION: pb\AGENDA\HUMAN RESOURCES AGREEMENT 061412 AGREEMENT BETWEEN THE CITY OF MUSKEGON AND THE MUSKEGON COUNTY BOARD OF COMMISSIONERS THIS AGREEMENT, entered into as of the 1st of July, 2012, between the City of Muskegon, a municipal corporation, by its City Commission, (“City”), the City of Muskegon Civil Service Commission (“CSC”), and the County of Muskegon, by its Board of Commissioners, (“County”), is as follows: PURPOSE The purpose of this Agreement is to provide for human resources services to be administered by the County Human Resources Department (“Human Resources Department”), which will provide a wide range of Human Resources services which will be described in detail in the following agreement. I. RELATIONSHIP OF THE PARTIES - The County Department of Human Resources Department and Deborah Groeneveld shall perform all of the services under this Agreement as an Independent Contractor and not as an employee of the City of Muskegon. This Agreement does not create a partnership, joint venture, or any other relationship. II. TERM - The agreement shall commence July 1, 2012 and terminate June 30, 2013, provided that either party may terminate the Agreement with six (6) months notice. The notice shall be sent by certified mail to the County Human Resources Director and the Chair of the CSC if terminated by the City. The notice shall be sent by certified mail to the City Manager and the Chair of the CSC if terminated by the County. The notice shall be sent by certified mail to the County Human Resources Director and the City Manager if the CSC terminates the appointment of Deborah Groeneveld as Personnel Director or terminates the Agreement. III. SCOPE OF SERVICE FOR THE CITY – The Human Resources Department will provide recruitment, advertising, pre-employment physicals and orientation services for new city employees under the guidelines of the City of Muskegon Charter, Civil Service Rules and Regulations, and appropriate collective bargaining agreements. The Human Resources Department will also provide class and pay administration, benefit administration and maintain a complete set of personnel records for the City. The County will also assist City departments with the Employee Assistance Program (EAP), CDL drug testing, and unemployment. The County will also assist City departments and the CSC with disciplines, layoffs, recalls, and terminations. IV. SCOPE OF SERVICE FOR THE CSC – The Human Relations Department will provide recommendations to the CSC as to rules relating to the examination and selection process in the classified service of the City. The Human Resources Department will provide assistance to the CSC in classifying positions, enforcing the administration of the Civil Service Rules, holding examinations for the filling of positions in the classified service, preparing and maintaining an eligibility list of persons passing examinations for positions, and certifying names of person to appointing officers for appointment to a classified position. The Human Resources Department will provide assistance to the CSC in the processing of requests for a leave of absence, temporary appointments, layoffs and recall of personnel, appeals of employees to the CSC relating to a discharge, reduction in rank or compensation, pursuant to the City Charter and Civil Service Rules, as modified by any applicable collective bargaining agreement. C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\civil service contract with county 53112.doc V. COUNTY HUMAN RESOURCES DEPARTMENT OBLIGATIONS - The County agrees to perform the services and provide the materials set forth herein: A. QUALIFIED STAFF - All County employees engaged in the performance of this Agreement shall be professional in manner and appearance and be trained in Human Resources Administration policies and procedures. The County Human Resources Director shall be responsible to ensure all duties are performed adequately. B. EQUIPMENT AND SUPPLIES - The County will provide all equipment and supplies needed for the routine performance of its duties without additional expenses, except as otherwise set forth herein. C. MANUALS - The current City of Muskegon Civil Service Charter and collective bargaining agreements shall be the documents followed for all recruitment activities. All other manuals needed to perform all functions will be provided by the County. (ex: ADA, Fair Labor Standards, FMLA Manuals). D. PERSONNEL RECORDS - The County will maintain the master personnel files in the Muskegon County Human Resources Department. The personnel files shall be the property of the City. E. PUBLIC RELATIONS - Good public relations are vital to the success of the Human Resources administration program. During the terms of this Agreement, County employees shall endeavor to promote understanding and amicable relations with City Departments and members of the public. F. RECRUITMENT AND CERTIFICATION OF APPLICANTS - The County at the direction of the City and/or CSC shall advertise and compile applications for job openings. Qualified applicants will be tested and certified for employment selection. The City shall be responsible for any costs incurred for any testing material designated by the City and/or CSC. The City shall also be responsible for any advertising costs incurred over five hundred ($500) dollars per agreement year. G. PHYSICALS AND ORIENTATIONS - The County shall direct selected applicants through the physical and orientation process prior to starting employment. Selected applicants will be given orientations on employment procedures, policies and benefits at the direction of the City. The City shall be responsible for any costs incurred for the physical, back screen and drug test of selected applicants. H. CLASS AND PAY ADMINISTRATION - County staff will maintain, modify or develop at the direction of the City class specifications for classes of work at the City. I. BENEFIT ADMINISTRATION - The County shall provide assistance to the City and/or CSC with issues pertaining to FMLA (Family Medical Leave Act), UI (Unemployment Insurance), and the City’s EAP (Employee Assistance Program). The City shall designate and provide the legal services for any contested unemployment proceeding filed during the existence of this agreement. Any counsel retained to handle a proceeding shall work under the direction of the C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\civil service contract with county 53112.doc 2 Human Resources Director. The City shall be responsible for any costs incurred for unemployment claims and the City EAP program. J. COMPUTERIZED INFORMATION TECHNOLOGY – The County will provide staff, equipment, and software to maintain electronic records of recruitment activities using an applicant tracking system (SIGMA/NEOGOV) and testing software (OPAC), and human resources forms processing for current employees. K. LABOR RELATIONS RELATED ISSUES - The County will provide services to the City and/or CSC on issues of discipline, layoff, recall and termination hearings. The City shall designate and provide the legal services for any labor related issue during the existence of this agreement. Any counsel retained to handle a proceeding shall work under the direction of the Human Resources Director. L. RECORDS MAINTENANCE AND ACCESS – The County agrees to maintain personnel records with the most current information the Municipality makes available. 1. All changes of employee status, wages, trainings and certifications will be kept in the personnel file of the employee. 2. City staff and CSC Commissioners will be afforded access to personnel files per a policy or procedure designated by the City and CSC. 3. Personnel files are to be maintained at the County Human Resources Department during the term of this agreement, unless mutually agreed that these records may be maintained at another location. VI. CITY AND CSC OBLIGATIONS - The City and CSC shall undertake the following: A. CSC FILES AND RECORDS - The CSC shall provide Chapter XV of the City of Muskegon Charter, current Civil Service Rules, policies and procedures, personnel records, recruitment procedures, and all other documents maintained by the City of Muskegon Personnel Director to the Human Relations Department. B. CITY FILES AND RECORDS - The City shall provide policies and procedures concerning class and pay administration, benefit administration or any Human Resources function presently performed by City employees, except as otherwise provided above, to the Human Relations Department. C. CIVIL SERVICE DIRECTOR - The CSC shall appoint Deborah Groeneveld as the City of Muskegon Personnel Director, whom shall serve at the pleasure of the CSC. Deborah Groeneveld shall receive no additional compensation for serving as the City’s Personnel Director and shall not be an employee of the City. Deborah Groeneveld shall be responsible, subject to delegation, to satisfying the obligations to be provided to the CSC. VII. FEES AND PAYMENTS - The County will perform all the above services for the Municipality, subject to fees and expenses set forth and under the terms and conditions herein: C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\civil service contract with county 53112.doc 3 A. FEES - The fee for the agreement year, which is from July 1, 2012 to June 30, 2013, shall be $75,000, in addition to UI (unemployment insurance), pre-employment physical, testing and advertising costs as otherwise set forth herein. B. PAYMENTS - The Municipality shall remit the annual fee in equal quarterly payments of $18,750 each. The payment is owed regardless of whether Deborah Groeneveld is appointed by the CSC as the City’s Personnel Director. VIII. MISCELLANEOUS A. SECTION HEADINGS - The headings of the several sections, and any Table of Contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof. B. SEVERABILITY - If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. C. ENTIRE AGREEMENT AND AMENDMENT - In conjunction with matters considered herein, this Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties, or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreements, course of conduct, waiver or estoppel. This agreement is subject to obligations, if any, provided for in collective bargaining agreements involving the City, the City of Muskegon Charter and the City of Muskegon Civil Service Rules and Regulations. D. SUCCESSORS AND ASSIGNS - All representations, covenants, and warranties set forth in the Agreement by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns. E. TERMS AND CONDITIONS - The terms and conditions used in this Agreement shall be given their common and ordinary definition and will not be construed against either party. F. EXECUTION OF COUNTERPARTS - This Agreement may be executed in any number of counterparts and each such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument. ACKNOWLEDGEMENTS C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\civil service contract with county 53112.doc 4 City of Muskegon By: Steve Warmington Mayor By: Ann Marie Cummings City Clerk County of Muskegon: By: Kenneth Mahoney Chairman Board of Commissioners By: Nancy A. Waters County Clerk City of Muskegon By: Civil Service Commission David George Newsome Chair C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\civil service contract with county 53112.doc 5 Commission Meeting Date: June 26, 2012 Date: June 14, 2012 To: Honorable Mayor & City Commission From: Community and Neighborhood Services Department RE: Approval of Realtor for CNS ____________________________________________________________________________________________ SUMMARY OF REQUEST: To approve Greenridge Realty to be used by the City of Muskegon in the sale of CNS properties. CNS received three bids as listed on the attached spreadsheet. FINANCIAL IMPACT: The funding for any projects the realtor would be used for would come out of the funds the house was originally established under: CDBG, HOME or NSP1. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve Greenridge Realty for the Community and Neighborhood Services office. COMMITTEE RECOMMENDATION: None required. REAL ESTATE BID RESULTS June 12, 2012 COMPANY Closing Costs Greenridge Realty 6% 3145 Henry St 1% discount if Muskegon 49441 Greenridge Gary Langlois 231-830-3054 represents buyer 6% Nexes Realty but minimum 880 Broadway commission is Muskegon 49441 $2,700 David Spyke 231-759-3610 Re/Max Muskegon 5969 Harvey St 7% Muskegon 49441 Diana Cain 231-733-1236 Date: June 26, 2012 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Liquor License Request Muskegon Country Club 2801 Lakeshore Drive SUMMARY OF REQUEST: The Liquor Control Commission is seeking local recommendation on a request from Muskegon Country Club, 2801 Lakeshore Drive to transfer ownership of a Class C license from Carbon Nite, LLC, 760 W. Broadway, Norton Shores to the Muskegon Country Club. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All departments are recommending approval. Date: 06/26/12 To: Honorable Mayor and City Commission From: Department of Public Works RE: Mueller CL-12 Watermain Tapping Machine Repair SUMMARY OF REQUEST: Authorize Staff to purchase repair services from the original equipment manufacturer, Mueller Co. of Decatur Illinois, to rebuild and recondition our Mueller CL-12 Watermain Tapping Machine. FINANCIAL IMPACT: Total Cost $ 10,500 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approve purchase MEMORANDUM To: Mohammed AL-Shatel, Director of Public Works From: Kelly DeFrench, Public Utility Superintendent Date: 6/19/2012 Re: Mueller CL-12 Tapping Machine Equipment Repair Purchase Mohammed, We’ve been experiencing mechanical problems with our Mueller CL- 12 tapping machine. Recently we have noticed that the carbide teeth on the shell cutters have been breaking off prematurely, this could be the result of a problem with the Automatic travel / the feed rate, a gear, or possibly a worn boring bar. The Mueller CL- 12 tapping machine is used exclusively to make large watermain taps from 4” thru 12 ” The CL-12 is a specialized piece of equipment and must be sent to the original equipment manufacturer, Mueller Co of Decatur Ill, for repairs. The Muller Co. has estimated reconditioning and a rebuild will be around $10,500.00. The rebuild will include new internal parts and a new boring bar. A new machine would cost around $23,500.00, which is essentially what we will have when ours is completed. Experts in the field who I have spoken to recommended rebuilding our machine as opposed to purchasing a new one. 1 Date: June 26, 2012 To: Honorable Mayor and City Commissioners From: DPW/Equipment RE: Purchase of GPS Units SUMMARY OF REQUEST: Authorize staff to purchase between forty and fifty GPS units from networkfleet to be installed on a number of city owned vehicle/trucks operated by DPW and other departments. The proposal calls for the city to trade in the Shadowtracker units the city owns at this time and invest up to $26,000 (budgeted in the 2012/2013 CIP) for the proposed units which would be used, at minimum, to track trips, idling and required vehicle maintenance. The recommendation to purchase from networkfleet is the result of evaluating various other products (fleetmatics) and having networkfleet’s product for the last six month and found them to be exactly what we need in addition to submitting the lowest price. FINANCIAL IMPACT: Invest between $24,000 & $26,000 the first year which includes the purchase of the units and an annual investment of $25.95/month/unit after the first year. BUDGET ACTION REQUIRED: None at this time, however, future budget will include a $25.95/month/unit for maintenance and technical support. STAFF RECOMMENDATION: Authorize staff to enter into an agreement with networkfleet to purchase the GPS units and the annual subscription fee for an additional two years. COMMITTEE RECOMMENDATION: C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Comm agenda item to purchase gps units 6-26-2012.doc Date: June 26, 2012 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids for: S-661 Evanston Lift Station Rehabilitation SUMMARY OF REQUEST: Award the Evanston Lift Station Rehabilitation project – S-661 to Jackson Merkey out of Muskegon, MI since they were the lowest responsible bidder with a total bid price of $193,585, see attached bid tabulation. FINANCIAL IMPACT: The construction cost of $193,585 plus engineering BUDGET ACTION REQUIRED: None since this project is on the 2012/2013 CIP’s list. STAFF RECOMMENDATION: Award the contract to Jackson Merkey. COMMITTEE RECOMMENDATION: C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\CONAWA 06-26-12.doc S-661 EVANSTON AVE. LIFT STATION REHABILITATION BID TABULATION 06/12/12 CONTRACTOR AMOUNT JACKSON MERKEY $193,585.00 555 E. WESTERN AVE. MUSKEGON, MI 49442 GRAND RIVER CONSTRUCTION INC. $242,950.00 5025 40th Ave./ PO Box 323 Hudsonville, MI 49426 Date: June 26, 2012 To: Honorable Mayor and City Commissioners From: Ann Marie Cummings, City Clerk RE: Gaming License Request from Red’s Youth Center/Restoration Restore a Generation SUMMARY OF REQUEST: Red’s Youth Center/Restoration Restore a Generation, 1855 Peck Street, Muskegon, MI 49441, is requesting a resolution recognizing them as a non-profit organization operating in the City for the purpose of obtaining a Gaming License. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Denial until 501(c)3 is shown. Date: June 26, 2012 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Hackley Ave. Glen to Hudson WM Replacement (W-734) ________________________________________________________________________ SUMMARY OF REQUEST: Award the above referenced project to Jackson-Merkey who submitted the preliminary bid of $642,662.45. FINANCIAL IMPACT: The construction cost of $642,662.45 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None at this time, this project is in the 2012/2013 CIP budget. STAFF RECOMMENDATION: Award the contract to Jackson-Merkey. COMMITTEE RECOMMENDATION: H-1682, W-734, S-660 HACKLEY AVE., GLEN ST. TO HUDSON ST. BID TABULATIONS CONTRACTOR Jackson-Merkey Const. Diversco Constr. Co. McCormick Sand Inc. Jack Dykstra Exc. ADDRESS ENGINEER'S 555 E. Western Ave. PO Box 409 5430 Russell Rd. 3677 3 Mile Rd. NW CITY/ST/ZIP ESTIMATE Muskegon, MI 49442 Grandville, MI 49418 Twin Lake, MI 49457 Grand Rapids, MI 49534 LINE UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Mobilization, Max Ls 1.00 $ 25,000.00 $ 25,000.00 $ 6,860.00 $ 6,860.00 $ 40,275.00 $ 40,275.00 $ 44,750.00 $ 44,750.00 $ 70,000.00 $ 70,000.00 2 Sidewalk, Rem Syd 260.00 $ 5.00 $ 1,300.00 $ 5.50 $ 1,430.00 $ 4.00 $ 1,040.00 $ 9.00 $ 2,340.00 $ 8.00 $ 2,080.00 3 Curb and Gutter, Rem Ft 600.00 $ 10.00 $ 6,000.00 $ 7.00 $ 4,200.00 $ 6.00 $ 3,600.00 $ 6.00 $ 3,600.00 $ 7.00 $ 4,200.00 4 Pavt, Rem, Modified Syd 12880.00 $ 5.00 $ 64,400.00 $ 1.95 $ 25,116.00 $ 1.95 $ 25,116.00 $ 1.00 $ 12,880.00 $ 2.30 $ 29,624.00 5 Erosion Control, Inlet Protection, Fabric Drop Ea 24.00 $ 100.00 $ 2,400.00 $ 110.00 $ 2,640.00 $ 125.00 $ 3,000.00 $ 75.00 $ 1,800.00 $ 100.00 $ 2,400.00 6 Aggregate Base, Conditioning Syd 12800.00 $ 3.00 $ 38,400.00 $ 4.25 $ 54,400.00 $ 3.45 $ 44,160.00 $ 2.20 $ 28,160.00 $ 5.25 $ 67,200.00 7 Maintenance Gravel, LM Cyd 250.00 $ 20.00 $ 5,000.00 $ 4.75 $ 1,187.50 $ 25.00 $ 6,250.00 $ 20.00 $ 5,000.00 $ 30.00 $ 7,500.00 8 Dr Structure, Adj, Add Depth Ft 8.00 $ 200.00 $ 1,600.00 $ 230.00 $ 1,840.00 $ 105.00 $ 840.00 $ 300.00 $ 2,400.00 $ 200.00 $ 1,600.00 9 Dr Structure Cover, Modified Ea 13.00 $ 500.00 $ 6,500.00 $ 340.00 $ 4,420.00 $ 445.00 $ 5,785.00 $ 380.00 $ 4,940.00 $ 350.00 $ 4,550.00 10 Dr Structure Cover, Adj, Case 1, Modified Ea 13.00 $ 550.00 $ 7,150.00 $ 465.00 $ 6,045.00 $ 404.00 $ 5,252.00 $ 450.00 $ 5,850.00 $ 375.00 $ 4,875.00 11 HMA, 3C Ton 1600.00 $ 65.00 $ 104,000.00 $ 60.00 $ 96,000.00 $ 59.00 $ 94,400.00 $ 58.79 $ 94,064.00 $ 59.00 $ 94,400.00 12 HMA, 4C Ton 1700.00 $ 65.00 $ 110,500.00 $ 72.00 $ 122,400.00 $ 70.00 $ 119,000.00 $ 70.29 $ 119,493.00 $ 71.00 $ 120,700.00 13 Driveway, Nonreinf Conc, 8 Inch, Modified Syd 200.00 $ 35.00 $ 7,000.00 $ 28.00 $ 5,600.00 $ 27.10 $ 5,420.00 $ 30.00 $ 6,000.00 $ 30.10 $ 6,020.00 14 Curb and Gutter, Conc, Det F4, Modified Ft 600.00 $ 14.00 $ 8,400.00 $ 15.00 $ 9,000.00 $ 14.20 $ 8,520.00 $ 16.00 $ 9,600.00 $ 15.20 $ 9,120.00 15 Sidewalk Ramp Sft 1125.00 $ 6.00 $ 6,750.00 $ 3.50 $ 3,937.50 $ 3.25 $ 3,656.25 $ 3.80 $ 4,275.00 $ 3.60 $ 4,050.00 16 Detectable Warning Surface Ft 100.00 $ 10.00 $ 1,000.00 $ 37.00 $ 3,700.00 $ 36.00 $ 3,600.00 $ 36.00 $ 3,600.00 $ 37.00 $ 3,700.00 17 Pavt Mrkg, Ovly Cold Plastic, 6 inch, Crosswalk Ft 200.00 $ 2.00 $ 400.00 $ 2.60 $ 520.00 $ 2.50 $ 500.00 $ 3.00 $ 600.00 $ 2.50 $ 500.00 18 Pavt Mrkg, Ovly Cold Plastic, 18 inch, Stop Bar Ft 80.00 $ 6.00 $ 480.00 $ 6.40 $ 512.00 $ 7.50 $ 600.00 $ 8.00 $ 640.00 $ 7.50 $ 600.00 19 Pavt Mrkg, Ovly Cold Plastic, Lt Turn Arrow Sym Ea 2.00 $ 95.00 $ 190.00 $ 105.00 $ 210.00 $ 90.00 $ 180.00 $ 300.00 $ 600.00 $ 90.00 $ 180.00 20 Pavt Mrkg, Ovly Cold Plastic, Lt Turn Only Ea 4.00 $ 115.00 $ 460.00 $ 210.00 $ 840.00 $ 283.00 $ 1,132.00 $ 500.00 $ 2,000.00 $ 285.00 $ 1,140.00 21 Pavt Mrkg, Waterborne, 4 inch, White Ft 800.00 $ 0.50 $ 400.00 $ 0.52 $ 416.00 $ 0.47 $ 376.00 $ 0.30 $ 240.00 $ 0.50 $ 400.00 22 Pavt Mrkg, Waterborne, 4 inch, Yellow Ft 6295.00 $ 0.25 $ 1,573.75 $ 0.16 $ 1,007.20 $ 0.47 $ 2,958.65 $ 0.30 $ 1,888.50 $ 0.50 $ 3,147.50 23 Barricade, Type III, High Intensity, Lighted, Furn Ea 12.00 $ 17.00 $ 204.00 $ 105.00 $ 1,260.00 $ 95.00 $ 1,140.00 $ 85.00 $ 1,020.00 $ 95.00 $ 1,140.00 24 Barricade, Type III, High Intensity, Lighted, Oper Ea 12.00 $ 3.00 $ 36.00 $ 5.00 $ 60.00 $ 5.00 $ 60.00 $ 1.00 $ 12.00 $ 5.00 $ 60.00 25 Dust Pillative, Applied Ton 15.00 $ 100.00 $ 1,500.00 $ 10.00 $ 150.00 $ 395.00 $ 5,925.00 $ 1.00 $ 15.00 $ 300.00 $ 4,500.00 26 Plastic Drum, High Intensity, Furn Ea 100.00 $ 17.00 $ 1,700.00 $ 23.00 $ 2,300.00 $ 21.00 $ 2,100.00 $ 16.00 $ 1,600.00 $ 21.00 $ 2,100.00 27 Plastic Drum, High Intensity, Oper Ea 100.00 $ 3.00 $ 300.00 $ 1.00 $ 100.00 $ 1.00 $ 100.00 $ 1.00 $ 100.00 $ 1.00 $ 100.00 28 Sign, Type B, Temp, Furn Sft 480.00 $ 3.00 $ 1,440.00 $ 3.00 $ 1,440.00 $ 3.00 $ 1,440.00 $ 2.50 $ 1,200.00 $ 3.00 $ 1,440.00 29 Sign, Type B, Temp, Oper Sft 480.00 $ 1.00 $ 480.00 $ 1.00 $ 480.00 $ 1.00 $ 480.00 $ 1.00 $ 480.00 $ 1.00 $ 480.00 30 Hyroseeding Syd 1350.00 $ 0.50 $ 675.00 $ 0.50 $ 675.00 $ 0.90 $ 1,215.00 $ 1.00 $ 1,350.00 $ 1.00 $ 1,350.00 31 Topsoil Surface, Furn, 4 inch Syd 1350.00 $ 3.00 $ 4,050.00 $ 3.90 $ 5,265.00 $ 2.80 $ 3,780.00 $ 2.50 $ 3,375.00 $ 4.00 $ 5,400.00 32 Sand Refill Cyd 6685.00 $ 9.00 $ 60,165.00 $ 1.00 $ 6,685.00 $ 3.25 $ 21,726.25 $ 3.30 $ 22,060.50 $ 7.50 $ 50,137.50 33 Underdrain 6 inch Pipe Ft 1160.00 $ 4.00 $ 4,640.00 $ 4.00 $ 4,640.00 $ 3.25 $ 3,770.00 $ 3.50 $ 4,060.00 $ 2.50 $ 2,900.00 34 Sidewalk, Conc, 4 inch Sft 850.00 $ 3.00 $ 2,550.00 $ 2.20 $ 1,870.00 $ 2.10 $ 1,785.00 $ 2.40 $ 2,040.00 $ 2.45 $ 2,082.50 35 Sidewalk, Conc, 6 inch Sft 400.00 $ 4.00 $ 1,600.00 $ 2.90 $ 1,160.00 $ 2.75 $ 1,100.00 $ 3.00 $ 1,200.00 $ 3.10 $ 1,240.00 36 Watermain, DI, 6 Inch, Tr Det G, Modified Ft 265.00 $ 35.00 $ 9,275.00 $ 41.80 $ 11,077.00 $ 52.20 $ 13,833.00 $ 35.00 $ 9,275.00 $ 41.75 $ 11,063.75 37 Watermain, DI, 8 Inch, Tr Det G, Modified Ft 3627.00 $ 30.00 $ 108,810.00 $ 44.50 $ 161,401.50 $ 53.60 $ 194,407.20 $ 40.40 $ 146,530.80 $ 48.20 $ 174,821.40 38 Watermain, DI, 12 Inch, Tr Det G, Modified Ft 65.00 $ 50.00 $ 3,250.00 $ 86.75 $ 5,638.75 $ 86.85 $ 5,645.25 $ 59.00 $ 3,835.00 $ 67.05 $ 4,358.25 39 Water Service, 1 inch, Copper Type K Ft 251.00 $ 25.00 $ 6,275.00 $ 19.00 $ 4,769.00 $ 28.20 $ 7,078.20 $ 14.00 $ 3,514.00 $ 25.00 $ 6,275.00 Water Service, 2 inch, Copper Type K Ft 30.00 $ 50.00 $ 1,500.00 $ 34.00 $ 1,020.00 $ 43.60 $ 1,308.00 $ 25.00 $ 750.00 $ 33.80 $ 1,014.00 40 41 Corporation Stop, 1 inch Ea 7.00 $ 250.00 $ 1,750.00 $ 235.00 $ 1,645.00 $ 114.00 $ 798.00 $ 280.00 $ 1,960.00 $ 125.00 $ 875.00 42 Corporation Stop, 2 inch Ea 1.00 $ 350.00 $ 350.00 $ 455.00 $ 455.00 $ 359.00 $ 359.00 $ 900.00 $ 900.00 $ 270.00 $ 270.00 43 Meter Pit Complete Ea 2.00 $ 750.00 $ 1,500.00 $ 815.00 $ 1,630.00 $ 1,037.00 $ 2,074.00 $ 835.00 $ 1,670.00 $ 785.00 $ 1,570.00 44 Cross, 12 Inch x 8 Inch, DI MJ Ea 1.00 $ 600.00 $ 600.00 $ 935.00 $ 935.00 $ 967.00 $ 967.00 $ 830.00 $ 830.00 $ 630.00 $ 630.00 45 Cross, 8 Inch x 8 Inch, DI MJ Ea 1.00 $ 500.00 $ 500.00 $ 740.00 $ 740.00 $ 539.00 $ 539.00 $ 610.00 $ 610.00 $ 420.00 $ 420.00 46 Hydrant, 6 inch, Standard Ea 8.00 $ 1,500.00 $ 12,000.00 $ 2,195.00 $ 17,560.00 $ 2,270.00 $ 18,160.00 $ 2,270.00 $ 18,160.00 $ 2,100.00 $ 16,800.00 47 Sleeve, 6 inch, Long, DI MJ Ea 6.00 $ 400.00 $ 2,400.00 $ 275.00 $ 1,650.00 $ 435.00 $ 2,610.00 $ 550.00 $ 3,300.00 $ 330.00 $ 1,980.00 48 Sleeve, 12 inch, long, DI MJ Ea 2.00 $ 400.00 $ 800.00 $ 565.00 $ 1,130.00 $ 1,271.00 $ 2,542.00 $ 650.00 $ 1,300.00 $ 635.00 $ 1,270.00 49 Sleeve, 8 inch, Long, DI MJ Ea 7.00 $ 400.00 $ 2,800.00 $ 325.00 $ 2,275.00 $ 623.00 $ 4,361.00 $ 600.00 $ 4,200.00 $ 485.00 $ 3,395.00 50 Curb Stop and Box, 2 inch Ea 1.00 $ 350.00 $ 350.00 $ 470.00 $ 470.00 $ 441.00 $ 441.00 $ 425.00 $ 425.00 $ 485.00 $ 485.00 51 Valve, 6 inch, Gate, with Box Ea 11.00 $ 700.00 $ 7,700.00 $ 930.00 $ 10,230.00 $ 790.00 $ 8,690.00 $ 1,200.00 $ 13,200.00 $ 710.00 $ 7,810.00 52 Valve, 8 Inch, Gate, With Box Ea 14.00 $ 800.00 $ 11,200.00 $ 1,205.00 $ 16,870.00 $ 1,118.00 $ 15,652.00 $ 1,465.00 $ 20,510.00 $ 965.00 $ 13,510.00 53 Bend, 8 inch, 45 Degree, DI MJ Ea 26.00 $ 350.00 $ 9,100.00 $ 360.00 $ 9,360.00 $ 272.00 $ 7,072.00 $ 310.00 $ 8,060.00 $ 230.00 $ 5,980.00 54 Bend, 6 inch, 45 Degree, DI MJ Ea 6.00 $ 350.00 $ 2,100.00 $ 270.00 $ 1,620.00 $ 223.00 $ 1,338.00 $ 280.00 $ 1,680.00 $ 205.00 $ 1,230.00 55 Reducer, 8 inch, x 6 inch, DI MJ Ea 4.00 $ 350.00 $ 1,400.00 $ 375.00 $ 1,500.00 $ 196.50 $ 786.00 $ 280.00 $ 1,120.00 $ 225.00 $ 900.00 56 Cut and Cap, 6 inch Watermain Ea 2.00 $ 400.00 $ 800.00 $ 575.00 $ 1,150.00 $ 280.00 $ 560.00 $ 500.00 $ 1,000.00 $ 260.00 $ 520.00 57 Tee, 8 inch x 8 inch, DI MJ Ea 6.00 $ 400.00 $ 2,400.00 $ 510.00 $ 3,060.00 $ 473.00 $ 2,838.00 $ 560.00 $ 3,360.00 $ 360.00 $ 2,160.00 58 Tee, 8 inch x 6 inch, DI MJ Ea 11.00 $ 400.00 $ 4,400.00 $ 460.00 $ 5,060.00 $ 426.00 $ 4,686.00 $ 500.00 $ 5,500.00 $ 310.00 $ 3,410.00 59 Water Valve Box and Cover, Complete Ea 4.00 $ 350.00 $ 1,400.00 $ 425.00 $ 1,700.00 $ 301.00 $ 1,204.00 $ 550.00 $ 2,200.00 $ 370.00 $ 1,480.00 60 Curb Stop and Box, 1 inch Ea 5.00 $ 250.00 $ 1,250.00 $ 270.00 $ 1,350.00 $ 267.00 $ 1,335.00 $ 320.00 $ 1,600.00 $ 200.00 $ 1,000.00 $ 672,153.75 $ 642,662.45 $ 719,565.80 $ 648,722.80 $ 774,143.90 ORIGINAL ESTIMATE AMOUNT $ 668,653.75 DIFFERENCE $ (3,500.00) Commission Meeting Date: June 26, 2012 Date: June 19, 2012 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Request for Preliminary and Final Planned Unit Development approval for 372 Morris Ave SUMMARY OF REQUEST: The request for Preliminary and Final Planned Unit Development (PUD) approval at 372 Morris Ave for a mixed use development. The request is by Bob Dykstra, Urban Renaissance Group, LLC. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends final approval of the PUD provided that the conditions listed in the attached resolution are met. COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the Preliminary PUD and the final PUD, with the conditions listed on the attached resolution, at their June 14, 2012 meeting. The vote was unanimous, with T. Michalski and W. Parked absent. 1 CITY OF MUSKEGON RESOLUTION #2012- RESOLUTION FOR PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR 372 MORRIS AVE. WHEREAS, a petition for a planned unit development was received from Bob Dykstra, Urban Renaissance Group, LLC; and, WHEREAS, a planned unit development will allow a mixed use development; and, WHEREAS, proper notice was given by mail and publication and public hearings were held by the City Planning Commission and by the City Commission to consider said petition, during which all interested persons were given an opportunity to be heard in accordance with provisions of the Zoning Ordinance and State Law; and WHEREAS, the Planning Commission and staff have recommended approval of the Preliminary and Final Planned Unit Development and associated site plan, with conditions as follows: 1. Each phase of the PUD come back to the Planning Commission for approval of the site plan and PUD amendment NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City Planning Commission be accepted and the preliminary and final planned unit development is hereby approved. Adopted this 26th day of June, 2012 Ayes: Nays: Absent: By: Stephen J. Warmington Mayor Attest: Ann Marie Cummings Clerk, City of Muskegon CERTIFICATE (Preliminary and Final PUD 372 Morris Ave.) 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 a resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 26th day of June, 2012, 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: ___________________, 2012. _______________________________________ Ann Marie Cummings Clerk, City of Muskegon MEETING EXCERPTS CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING June 14, 2012 Hearing, Case 2012-15: Request for preliminary Planned Unit Development approval for a mixed use project for the property at 372 Morris St, by Urban Renaissance Group, LLC. BACKGROUND Applicant: Bob Dykstra, Urban Renaissance Group, LLC Property Address/Location: 372 Morris St Request: Preliminary Planned Unit Development (PUD) Present Land Use: Parking Zoning: B-3, General Business District STAFF OBSERVATIONS 1. This property is owned by the Community Foundation for Muskegon County and is currently used as a parking lot. 2. The property measures 8.34 acres. 3. The request for the PUD is for development of “The Shoreline Market,” which will be a mixed use development of retail, fresh food, artisans, office, market rate apartments and condos. The retail market (Phase 1) will be constructed out of recycled shipping containers. The rest of the development will use traditional building materials. 4. The Downtown and Lakeshore Redevelopment Plan of 2008 identifies this property as a high development priority, with a target date within the next five years. It had been identified as a possible location for the relocation of the farmers market along with the possibility of a pedestrian bridge over Shoreline Drive to connect downtown to the waterfront. However, However, the plan does mention that other beneficial uses to this property include a conference center and general mixed-use development. 5. The site plan will be discussed along with the final PUD request in the next case. 6. Notice was sent to all properties within 300 feet of this property. Staff has received no comments regarding this request. 372 Morris St, looking north from Morris St. 372 Morris St, looking northwest from Morris St. The new Social Security building is pictured to the right. Aerial Photo Zoning Map Ordinance Excerpt: Planned Unit Developments Excerpted from Section 2101: Development Options Planned Unit Development (PUD) Purpose The purpose of this option is to permit flexibility in the regulation of land development; encourage innovation in land use and variety in design, layout, and type of structures constructed; achieve economy and efficiency in the use of land, natural resources and utilities; encourage provision of useful open space; provide adequate housing, employment, and shopping opportunities particularly suited to the needs of the residents of the City of Muskegon and encourage the use, reuse, and improvement of existing sites and buildings when the uniform regulations contained in zoning districts do not provide adequate protection and safeguards for the site or surrounding area. This option is intended to accommodate developments with mixed or varied uses, to allow some degree of flexibility in the application of standards and regulations in this Ordinance to achieve innovation to development on sites with unusual topography or unique settings within the community, or on land which exhibits difficult or costly development problems, and shall not be allowed where this option is sought primarily to avoid the imposition of standards and requirements of zoning classifications rather than to achieve the stated purposes above. a. Planned Unit Development Regulations, Standards and Requirements 1) The entire parcel for which application is made must be under one ownership or the application must be made with the written authorization of all property owners. 2) The application shall meet the criteria established in each specified zoning district. b. PUD Review Procedures 1) A petition for a PUD approval shall be submitted in accordance with Section 2332 of this ordinance. 2) The review shall be in two phases: 3) The preliminary phase shall involve a review of a conceptual PUD plan to determine its suitability. 4) The final phase shall require a detailed development plan for any part of the approved conceptual PUD plan. c. Standards for Approval of PUD Plans The Planning Commission shall approve, deny or modify preliminary PUD plans, based upon the following standards. Likewise, the City Commission shall approve, deny, or modify final PUD plans (after review and recommendation by the Planning Commission) based upon the following standards. 1) The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or convenience of any combination thereof, on present and potential surrounding land uses. The uses proposed will not adversely affect the public utility and circulation systems, surrounding properties, or the environment. 2) The uses proposed should be consistent with the land use plans adopted by the City. 3) The amount of open space provided, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. 4) The amount of off-street parking areas, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. 5) The amount of landscaping and buffering areas, which the Planning Commission or City Commission may modify even though such modifications do not conform to that required in other sections of this ordinance. 6) The protection or enhancement of significant natural, historical, or architectural features within the proposed development area. 7) The uses proposed will result in safe, convenient, uncongested and well defined vehicular and pedestrian circulation systems. Preliminary PUD Plan Submission The applicant shall submit together with the application for PUD preliminary phase approval: a. A general development plan depicting the proposed locations of streets, parking areas, open spaces, buildings and structures, and their spatial relationships, the relationship to off-site improvements and infrastructure and any unusual topographic features. 1) Approval by the Planning Commission of the PUD Preliminary Plan shall remain in effect for a period not to exceed three (3) years from the date of approval. Final PUD Plan Submission The applicant shall submit together with the application for PUD final phase approval, development plans in sufficient detail and in so far as possible the specific locations and dimensions of: a. all streets, sidewalks, public and private utilities, parking areas, truck docks and service drives; b. all buildings and structures, elevations and spacial relationships; c. landscaping, buffers, fences, and protective walls; a. open space areas and other significant environmental features; b. existing and final topographic changes; c. identification and directional signage: d. a property survey prepared and certified by a licensed land surveyor; Amendments to an Approved Final PUD Plan a. Incidental or minor changes may be approved by the Planning Commission if the proposed modifications do not alter the basic design or land uses of the plan. b. If the Planning Commission determines that the proposed modifications are significant or major, a public notice and public hearing in accordance with Section 2332 must be conducted prior to approval or denial. PUD Development Time Limits a. Construction of the improvements shown on the approved final PUD plan with all proposed buildings, parking areas, landscaping and infrastructure must commence within one year of approval by the City Commission. b. Construction must be continued in a reasonable, diligent manner and be completed within five (5) years. a. Said five (5) year period may be extended if applied for in writing by the petitioner and granted by the City Commission following public notice and public hearing in accordance with Section 2332 of this ordinance. Failure to secure an extension shall result in a stoppage of all construction. DELIBERATION Standards for discretionary uses: (emphasis provided) 1. Give due regard to the nature of all adjacent uses and structures and the consistency with the adjacent use and development. 2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of increased traffic, noise, vibration, or light. 3. Adequate water and sewer infrastructure exists or will be constructed to service the activity. 4. The proposed site plan complies with section 2331of the ordinance and has: a. proper ingress and egress b. sufficient parking areas, streets, roads and alleys c. screening walls and/or fences d. adequate fire and police protection e. provisions for disposal of surface water run-off, sanitary sewage f. adequate traffic control and maintenance services g. preserves property values to related or adjoining properties. MOTION FOR CONSIDERATION I move that the Preliminary PUD for a mixed-use development at 372 Morris Ave be (approved/denied) pursuant to the determination of (compliance/lack of compliance) with the intent of the City Zoning Ordinance and City Master Land Use Plan. AGENDA ITEM NO. ___________________ CITY COMMISSION MEETING June 26, 2012 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: June 15, 2012 RE: Charter Amendments regarding Millage Cap and Senior Transit Millage SUMMARY OF REQUEST: To approve a charter amendment to set a specific millage rate limit and a charter amendment for a Senior Transit millage. FINANCIAL IMPACT: A Senior Transit millage would generate funds to support the Senior Transit program. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: These amendments are provided pursuant to direction from the City Commission at their meeting on June 12, 2012. COMMITTEE RECOMMENDATION: None. pb\AGENDA - CHRTR AMNDMNTS 061512 CITY OF MUSKEGON RESOLUTION NO.______ A Resolution of the City of Muskegon City Commission to propose for adoption by the voters of the City of Muskegon an Amendment to the City Charter concerning an additional millage for transportation for low to moderate income citizens over the age of 62. The City Commission of the City of Muskegon resolves the following amendment to the City Charter shall, upon approval of the Governor, be submitted to the Electors of the City in accordance with the Home Rule Cities Act of the State of Michigan Proposed Charter Amendment City of Muskegon Amend Article XI, by adding Section 8 to read as follows: ARTICLE XI. TAXATION Section 8. Taxation; Transit for Low to Moderate Income Citizens over the age of 62. In addition to the limitation established in Article XI, Section 7, the City shall have the power to levy an ad valorem tax in an amount not to exceed 0.1 mill of the taxable valuation of all such real and personal property from December 1, 2012, for the purpose of providing transportation services for low to moderate income citizens over the age of 62 who reside in the City of Muskegon. BE IT FURTHER RESOLVED that the proposed addition of Section 8 would be applicable only if the proposed Charter Amendments adding Sections 7 and 8 are adopted by the electorate. BE IT FURTHER RESOLVED that the following language be placed upon the ballot at the next election in accordance with the Home Rule Cities Act: CHARTER AMENDMENT Shall Section 8 of Article XI of the City Charter be adopted to authorize the levy of 0.1 mills on real and personal property situated in the City for the purpose of providing transportation services for low to moderate income citizens over the age of 62 who reside in the City of Muskegon, commencing with the December 1, 2012 levy, in addition to the current tax limitation, and that these provisions be C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\I38003-Chartr Amendment tax for seni.DOC made an express part of the City Charter? (This Charter amendment is contingent upon adoption of the Charter amendment adding Section 7 to Article XI.) BE IT FURTHER RESOLVED that the proposed charter amendment, as adopted by the city commission on __________ ___, ____, be published in the Muskegon Chronicle, and a reasonable number of copies made available to the public before the said election. This resolution adopted: AYES: _______________________________________________________________________ _____________________________________________________________________________ NAYES: ______________________________________________________________________ _____________________________________________________________________________ ABSENT: _____________________________________________________________________ CITY OF MUSKEGON By___________________________ Ann Marie Cummings, City Clerk STATE OF MICHIGAN COUNTY OF MUSKEGON I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the city commission members of the City of Muskegon, Michigan, held on the ____ day of ________, 2012, and that the minutes of the meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976. ______________________________ Ann Marie Cummings, City Clerk C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\I38003-Chartr Amendment tax for seni.DOC CITY OF MUSKEGON RESOLUTION NO.______ A Resolution of the City of Muskegon City Commission to propose for adoption by the voters of the City of Muskegon an Amendment to the City Charter concerning an additional millage for street improvements and street maintenance. The City Commission of the City of Muskegon resolves the following amendment to the City Charter shall, upon approval of the Governor, be submitted to the Electors of the City in accordance with the Home Rule Cities Act of the State of Michigan Proposed Charter Amendment City of Muskegon Amend Article XI, by adding Section 7 to read as follows: ARTICLE XI. TAXATION Section 7 Taxation; General Powers. The City shall have the power to assess taxes and levy and collect rents, tolls and excises. The annual ad valorem tax levy shall not exceed ten (10) mills of the assessed valuation of all real and personal property subject to taxation in the City as equalized by the State, exclusive of any levy required for the payment of principal and interest on City indebtedness or on outstanding bonds of the City and exclusive of any levy authorized by statute to be made beyond the Charter tax rate limitation. BE IT FURTHER RESOLVED that the following language be placed upon the ballot at the next election in accordance with the Home Rule Cities Act: CHARTER AMENDMENT Shall Section 7 of Article XI of the City Charter be adopted to authorize the levy of 10 mills on real and personal property situated in the City, which is the current limitation, commencing with the December 1, 2012 levy, and that these provisions be made an express part of the City Charter? BE IT FURTHER RESOLVED that the proposed charter amendment, as adopted by the City Commission on __________ ___, ____, be published in the Muskegon Chronicle, and a reasonable number of copies made available to the public before the said election. This resolution adopted: C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\I37093-Resolution - charter tax_.DOC AYES: _______________________________________________________________________ _____________________________________________________________________________ NAYES: ______________________________________________________________________ _____________________________________________________________________________ ABSENT: _____________________________________________________________________ CITY OF MUSKEGON By___________________________ Ann Marie Cummings, City Clerk STATE OF MICHIGAN COUNTY OF MUSKEGON I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a meeting of the city commission members of the City of Muskegon, Michigan, held on the ____ day of ________, 2012, and that the minutes of the meeting are on file in the office of the City Clerk and are available to the public. Public notice of the meeting was given pursuant to and in compliance with Act 267, Public Acts of Michigan, 1976. ______________________________ Ann Marie Cummings, City Clerk C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\I37093-Resolution - charter tax_.DOC DATE: 06/19/2012 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN120015 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 230 MYRTLE AVE Area 11 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN120015 - 230 MYRTLE AVE Location and ownership: This structure is located on Myrtle Ave. between Rathborne and Murphy Streets and is owned by CLARK WALTER G/PAMELA. Staff Correspondence: A dangerous building inspection was conducted on 1/27/12 based on fire report. The Notice and Order to Repair was issued on 02/14/12. On 04/05/12 the HBA declared the structure substandard and dangerous. Owner Contact: Mr. & Mrs. Walter and Pamela Clark were present for HBA meeting dated 04/05/12. Mr. Clark stated there was no insurance on home and that Habitat of Humanity had approached him about demolishing the home to acquire land but no definite contract/agreement had been established. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $7,000 (Entire property) Estimated cost to repair: $100,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. DATE: 06/19/2012 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN120019 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 510 OTTAWA ST Area 11 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN120019 - 510 OTTAWA ST Location and ownership: This structure is located on Ottawa between Kenneth and Holt Streets and is owned by URBAN STREAM LLC. Staff Correspondence: A dangerous building inspection was conducted on 02/07/12. The Notice and Order to Repair was issued on 02/14/12. On 04/05/12 the HBA declared the structure substandard and dangerous. Owner Contact: David Medendorp was present for HBA meeting stating a lot of properties was purchased thru County auction and didn’t realize building existed on parcel. Owner had no plan to repair. Inspections Department staff noted several complaints and police reports received regarding loose bricks and openings unsecured allowing kids to enter. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $7,000 (Entire property) Estimated cost to repair: (over) $100,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. DATE: 06/15/2012 TO: Honorable Mayor and Commissioners FROM: Jeffrey Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN120007 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 450 W SOUTHERN AVE Area 11 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN120007 - 450 W SOUTHERN AVE Location and ownership: This structure is located on Southern Ave. between 8th and Park Streets is owned by BRYANT SELMA. Staff Correspondence: A dangerous building inspection was conducted on 01/10/12 based on fire report. The Notice and Order to Repair was issued on 01/30/12. On 04/05/12 the HBA declared the structure substandard and dangerous. Property is in foreclosure status with County of Muskegon. Owner Contact: No one was present for the HBA meeting dated 04/05/12. Owner called stating there was no fire insurance and property was deeded to her by mother and she doesn’t have funds to repair. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $6,100 (Entire property) Estimated cost to repair: $50,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. DATE: 06/19/2012 TO: Honorable Mayor and Commissioners FROM: Jeffery Lewis, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #: EN110079 SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1290 WOOD ST Area 11 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN110079 - 1290 WOOD ST Location and ownership: This structure is located on Wood between Catawba and Nims Streets and is owned by HOPE LIGHTHOUSE CHURCH. Staff Correspondence: A dangerous building inspection was conducted on 04/13/2011. The Notice and Order to Repair was issued on 05/26/11. On 08/04/11 the HBA declared the structure substandard and dangerous. Owner Contact: Mr. Doug Malear was present for the HBA meeting dated 08/04/11. Mr. Malear stated he purchased property on land contract and recognized need to demolish but was trying to pay off property taxes and was limited on funds to demolish. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $23,000(Entire property) Estimated cost to repair: $40,000(Exterior Only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish.
Sign up for City of Muskegon Emails