City Commission Packet 08-12-2008

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
                       AUGUST 12, 2008
     CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                AGENDA
□   CALL TO ORDER:
□   PRAYER:
□   PLEDGE OF ALLEGIANCE:
□   ROLL CALL:
□   HONORS AND AWARDS:
□   INTRODUCTIONS/PRESENTATION:
       A. Bike to Work Day.
a   CONSENT AGENDA:
       A. Approval of Minutes. CITY CLERK
       B. Special Event - Multiple Liquor License Request for Hot Rod Harley­
          Davidson/American Red Cross. LEISURE SERVICES
       C. Request for Encroachment Agreement for 333 W. Western Avenue, Suite
          � ENGINEERING
       D. Request for Encroachment Agreement for Baker College of Muskegon,
          Clay Avenue. ENGINEERING
       E. Certification of MERS Representatives. FINANCE
       F. Army Corps of Engineers Supplemental Agreement - Pier Safety. CITY
          MANAGER
       G. PostNConstruction Stormwater Controls Resolution. PUBLIC WORKS
       H. 2008 - 2009 City of Norton Shores CDBG Administration Contract.
          COMMUNITY & NEIGHBORHOOD SERVICES
       I. Accounting Services Contract. FINANCE
□   PUBLIC HEARINGS:
□   COMMUNICATIONS:
□   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
        A. Memorial Honoring Commissioner Kevin Davis. LEISURE SERVICES
•   NEW BUSINESS:
        A. Reallocation of 2008 HOME Funds.                           COMMUNITY & NEIGHBORHOOD
             SERVICES
        B. Sanitary          Sewer       Repair       at     Apple        Avenue         and      Spring    Street.
             ENGINEERING
        C. Construction Engineering                        Services       for     Richards        Park     Building
           Demolition. ENGINEERING
        D. Home Rehabilitation Fund Deficit Elimination Plan. FINANCE
        E. Purchase of Video Security System - City Hall. PUBLIC SAFETY
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   Fi!I out a request to speak form attached to the agenda or located in the back of the room.
•    Submit the form to the City Clerk.
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   limit of 3 minutes to address the Commission.
•   (Speaker representing a group may be allowed l Ominutes if previously registered with City Clerk.)
•   CLOSED SESSION:
•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, C!TY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4172.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                      AUGUST 12, 2008
    CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, August 12,
2008,
   Mayor Warmington opened the meeting with a prayer from Pastor Richard
Bennett from the First Wesleyan Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Steve Wisneski, Chris Carter, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie
Becker.
   Absent: Commissioners Sue Wierengo and Clara Shepherd (both excused)
2008~69 INTRODUCTIONS/PRESENTATION:
     A. Bike to Work Day.   Mayor Warmington announced that August 20,
2008, is Ride On Day. He encouraged everyone to ride their bike to work that
day.
2008-70 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, July 22nd,
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Special Event - Multiple Liquor License Request for Hot Rod Harley-
         Davidson/American Red Cross. LEISURE SERVICES
SUMMARY OF REQUEST: Hot Rod Harley-Davidson/American Red Cross, 149
Shoreline Dr. is requesting a temporary liquor license, for August 23 through
August 24, 2008. The event is a fundraiser to benefit the American Red Cross.
The Child Abuse Council was previously approved for a temporary alcohol
license for August 23rd,
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Leisure SeNices staff approved per Special Event
policy guidelines August 4, 2008.
      E. Certification of MERS Representatives. FINANCE
SUMMARY OF REQUEST: The MERS plan document provides that "the governing
body for each municipality shall certify the names of two (2) delegates to the
Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other
delegate shall be a member who is not an officer of the municipality, elected
by the member officer/employees of the municipality."
Each City bargaining unit selects a member to attend the MERS annual
meeting. The bargaining units have agreed to a rotating system (based on
date of joining MERS) to select one official employee representative. This year
the employee representative will be Gerald Ziegler from the Police Command
unit.
FINANCIAL IMPACT: Cost of attending MERS conference in Traverse City
estimated to be $700 per person.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Tim Paul and Gerald Ziegler to be the
City's officer and employee delegates at the MERS annual meeting in Traverse
City September 30 - October 2.
      F. Army Corps of Engineers Supplemental Agreement - Pier Safety. CITY
         MANAGER
SUMMARY OF REQUEST: To approve Supplemental Agreement No. 2 to the Army
Corps of Engineers Lease No. DACW35- l-9l-3004. This supplemental agreement
will incorporate the North Breakwater of the Muskegon Harbor into the lease to
allow the placement of pier safety devices.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Supplemental Agreement.
      G. Post-Construction Stormwater Controls Resolution. PUBLIC WORKS
SUMMARY OF REQUEST: The City is required to re-apply for a stormwater permit.
Stormwater runoff must be addressed at newly-developed or redeveloped
properties. Since the City does not have a legal mechanism for regulating
stormwater control, our consultant, FTC&H, recommends the City approve the
resolution as a procedure in place to regulate stormwater control which has not
been codified as a regulatory mechanism. The City also commits to finalize a
regulatory mechanism for stormwater control on or before April 1, 2013.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None is needed.
STAFF RECOMMENDATION:          Approve     this   resolution   for   post-construction
stormwater controls.
       H. 2008 - 2009 City of Norton Shores CDBG Administration Contract.
          COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract between the City of Norton
Shores and the City of Muskegon for the administration of Norton Shores' 2008 -
2009 CDBG program.
The agreed revenues to be earned from this transition are $22,000, to be paid on
a quarterly basis. This is the third year that the CNS office will be administering
the City of Norton Shores' CDBG program.
FINANCIAL IMPACT: The City will receive the revenues and will be deposited in
the CDBG Administration Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct the Mayor and the City Clerk to sign the
contract.
       I.   Accounting Services Contract. FINANCE
SUMMARY OF REQUEST: Since 1997, we have utilized a contractual arrangement
for accounting services. This arrangement was put in place in lieu of replacing a
full-time finance clerk employee who retired. The accounting services contract
has proved very cost-effective for the City. We receive excellent service at a
very reasonable rate, pay only for actual hours worked, and have benefitted
from having the same person provide services for more than eight years. The
current contract is nearing expiration and staff recommends renewing for a
three-year period at a fixed rate of $40.00/hour. This represents a $5.00/hour
increase over the current rate ($35.00), but is still less than the $42.00/hour rate
paid in 2003-06.
FINANCIAL IMPACT: The City uses about 20 hours of service each month under
this contract. The projected annual cost is $9,600, far less than the cost of the
full-time position the contract replaced.
                                          Data
Year                                      Sum of Hours                Sum of Total
2003                                        306.8                       $ 13,138
2004                                        276.5                       $ 11,899
2005                                        253.3                       $ 10,637
2006                                        316.0                   $ 13,074
2007                                        201.5                   $ 6,045
2008 (thru June)                            136.8                   $ 4,786
Grand Total                               1,490.8                   $59,578


BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a three-year extension (2009, 2010, 2011)
to the current accounting services contract with Dobb Accounting.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as read minus items C and D.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
              Nays: None
MOTION PASSES
2008-71 ITEMS REMOVED FROM THE CONSENT AGENDA:
       C. Request for Encroachment Agreement for 333 W. Western Avenue, Suite
          ~ ENGINEERING

SUMMARY OF REQUEST: New Trend Investments LLC has submitted an
encroachment agreement form requesting your permission to install a 15'
attached canopy on the side of the building facing Second St., and use 15' of
the sidewalk for outdoor seating at the Muskegon Athletic Club.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
request for an encroachment agreement for 333 W. Western Avenue, Suite 1B.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
              Nays: None
MOTION PASSES
       D. Request for Encroachment Agreement for Baker College of Muskegon,
          Clay Avenue. ENGINEERING
SUMMARY OF REQUEST: Baker College of Muskegon has submitted an
encroachment agreement form requesting your permission to install 90 feet of
PVC conduit under Morris Ave. along Third St. and place 198 feet of innerduct in
the existing sleeves in each of the 66 foot rights-of-way beneath First St., Second
St., and Jefferson St. for a total encroachment of 288 feet.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement install 90
feet of PVC conduit under Morris Ave. along Third St. and place 198 feet of
innerduct in the existing sleeves in each of the 66 foot rights-of-way beneath First
St., Second St., and Jefferson St. for a total encroachment of 288 feet per the
plans.
Motion by Commissioner Spataro, second by Commissioner Wisneski to approve
the request for an encroachment agreement for Baker College of Muskegon for
Clay Avenue, First Street, Second Street, and Jefferson Street for a total
encroachment of 288 feet per the plans to the extent that we control the rights-
of-way.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
            Nays: None
MOTION PASSES
2008-72 UNFINISHED BUSINESS:
      A. Memorial Honoring Commissioner Kevin Davis. LEISURE SERVICES
SUMMARY OF REQUEST: Beachwood-Bluffton Neighborhood Association request
that the volleyball court area at Pere Marquette Park north of Captain Jack's
Restaurant be named Kevin Davis Volleyball Ct., in honor of former
Commissioner Kevin Davis for his public service to the citizens of Muskegon and
devotion to developing Beach Volleyball at Pere Marquette Park.
The Neighborhood Association will have a dedication ceremony at their
community picnic, August 19th at 6:00 p.m. at the Margaret Drake-Elliott pavilion.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
COMMITTEE RECOMMENDATION: The Leisure Service Board approved the
recommendation at their February 19th meeting.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the memorial honoring Commissioner Kevin Davis.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
            Nays: None
MOTION PASSES
2008-73 NEW BUSINESS:
      A. Reallocation of 2008 HOME Funds.       COMMUNITY & NEIGHBORHOOD
         SERVICES
SUMMARY OF REQUEST: To approve for the Commission to direct the Community
Neighborhood Services office to amend the 2008 - 2009 Action Plan in order to
deduct $65,000 from the HOME Total Rehabilitation program in order that it may
be used for the City's Pilot Weatherization program. This plan assisted 22
Muskegon households in which 91% were senior citizens. The households
received assistance with windows, doors, insulation, thermostats and furnaces.
The CNS office, in an attempt to be proactive, established this pilot program in
expectation of the predicted 30% increase in energy cost this coming winter.
FINANCIAL IMPACT: The HOME Total Rehabilitation program will be decreased
by $65,000. The Pilot Weatherization program will be funded at $65,000. After
the CNS office has sold homes out of our existing inventory and all deficit arrears
have been met, revenues from our HOME sales will be placed back in the Total
Rehabilitation program at an amount of $65,000.
BUDGET ACTION REQUIRED: Stated above.
STAFF RECOMMENDATION: To direct staff to amend the 2008 - 2009 Action Plan
to fund the Pilot Weatherization program.
COMMITTEE RECOMMENDATION:             The    City    Commission    approved    the
Weatherization Program on April 22, 2008.
Motion by Vice Mayor Gawron, second by Commissioner Carter to direct staff to
amend the 2008 - 2009 Action Plan to fund the Pilot Weatherization program.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wisneski, and Carter
            Nays: None
MOTION PASSES
      B. Sanitary   Sewer   Repair   at   Apple     Avenue   and   Spring   Street.
         ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Felco
Contractors, Inc. to make necessary repairs of the sanitary sewer at the
intersection of Apple Ave. and Spring St. as a change order to the Pine St.,
Apple Ave. to Western Ave. construction project.
FINANCIAL IMPACT: The estimated cost of $24,389.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Felco
Contractors, Inc. to provide all labor and materials to perform the tasks outlined
in the change order.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the sanitary sewer repair of Apple Avenue and Spring Street agreement with
Felco Contractors to provide all labor and materials to perform the tasks outlined
in the change order.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Spataro, and Warmington
             Nays: None
MOTION PASSES
      C. Construction Engineering       Services    for   Richards   Park   Building
         Demolition. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into a construction engineering
services agreement with Environmental Resources Management, Inc. (ERM) to
perform the demolition support services for the former wastewater treatment
plant at Richards Park including bid document preparation, environmental
oversight, and demolition oversight,
ERM is being recommended due to the reasonable fee proposal $14,500 as well
as their expertise in environmental issues.
FINANCIAL IMPACT: $14,500.
BUDGET ACTION REQUIRED:        None since the project was budgeted for in the
2008 CIP.
STAFF RECOMMENDATION: Authorize staff to              enter into a construction
engineering services agreement with ERM.
Motion by Vice Mayor Gawron, second by Commissioner Carter to authorize
staff to enter into a construction engineering services agreement with
Environmental Resources Management, Inc. regarding the Richards Park
building demolition.
ROLL VOTE: Ayes: Warmington, Wisneski, Carter, Gawron, and Spataro
             Nays: None
MOTION PASSES
      D. Home Rehabilitation Fund Deficit Elimination Plan. FINANCE
SUMMARY OF REQUEST: At December 31, 2007 the City of Muskegon Home
Rehabilitation Fund had a deficit balance of $231,345. Act 275 of the Public
Acts of 1980 requires that the City file a Deficit Elimination Plan with the Michigan
Department of Treasury. Staff is requesting adoption of the Home Rehabilitation
Fund Deficit Elimination Plan Resolution.
FINANCIAL IMPACT: As presented by the Deficit Elimination Plan, the Home
Rehabilitation Fund will no longer have a deficit by December 31, 2009.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the Home Rehabilitation Fund Deficit
Elimination Plan Resolution.
Motion by Commissioner Spataro, second by Commissioner Wisneski to adopt
the Home Rehabilitation Fund Deficit Elimination Plan.
ROLL VOTE: Ayes: Spataro, Warmington, Wisneski, Carter, and Gawron
             Nays: None
MOTION PASSES
      E. Purchase of Video Security System - City Hall. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting Commission
approval to purchase a video security system to be installed in various locations
throughout City Hall. The locations include all entrances, the basement the
public area of the Police Department and the public area adjacent to the
Treasurer's service counter.
The three bids that were solicited are as follows:
Lakeshore Security & Electronics, Hesperia, $7,253.15
ADT, Wyoming, $9,225.00
Vision Technology International, Grandville, $12,383.00
This project is a joint effort between Public Safety, Engineering and Information
Technology.
FINANCIAL IMPACT: The City applied for and has been approved for a grant
from the Michigan Municipal Risk Management Authority. The grant will cover
50% funding up to $5,000 towards this project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the bid from Lakeshore Security &
Electronics be accepted.
Motion by Vice Mayor Gawron, second by Commissioner Carter to accept the
bid from Lakeshore Security & Electronics from Hesperia for the purchase of a
video security system for City Hall.
ROLL VOTE: Ayes: Carter, Gawron, Spataro, Warmington, and Wisneski
             Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:11 p.m.


                                             Respectfully submitted,
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                                             Ann Marie Becker, MMC
                                             City Clerk
Date:     August 12, 2008
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Becker, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, July 22 nd .



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
Date:         AugustS,2008
To:           Honorable Mayor and City Commissioners
From:         Lowell Kirksey, Recreation Supervisor
RE:           Special Event-Multiple Liquor License Request
              Hot Rod Harley-Davidson!American Red Cross


SUMMARY OF REQUEST: Hot Rod Harley-Davidson/American Red Cross, 149
Shoreline Dr. is requesting a temporary liquor license, for August 23 through August
24, 2008. The event is a fund raiser to benefit the American Red Cross. The Child
Abuse Council was previously approved for a temporary alcohol license for August
23 rd •


FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: The Leisure Services staff approved per Special
Event policy guidelines August 4, 2008.

COMMITTEE RECOMMENDATION: None
Date: August 12, 2008
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE:       Certification of MERS Representatives



SUMMARY OF REQUEST: The MERS plan document provides that "the governing body
for each municipality shall certify the names of two (2) delegates to the Annual Meeting. One delegate
shall be a member who is an officer of the municipality appointed by the governing body of the
municipality. The other delegate shall be a member who is not an officer of the municipality, elected by
the member officer/employees of the municipality."

Each City bargaining unit selects a member to attend the MERS annual meeting. The bargaining units
have agreed to a rotating system (based on date of joining MERS) to select one official employee
representative. This year the employee representative will be Gerald Ziegler from the Police Command
unit.

Fl NANCIAL IM PACT:             Cost of attending MERS conference in Traverse City estimated to be
$700 per person.

BUDGET ACTION REQUIRED:                       None.

STAFF RECOMMENDATION: Certification of Tim Paul and Gerald Ziegler to be the
City's officer and employee delegates at the MERS annual meeting in Traverse City September 30 -
October 2.

COMMITTEE RECOMMENDATION:                             None.




9/18/97
                        Officer (Alternate) and Employee (Alternate) Delegate

                        Information
                                                                                                         [see reverse for Certification Form]



To be a municipality's voting delegate (or alternate) representative to MERS Annual Meeting, you must be a member
ofMERS.

MERS Member: A MERS member is an individual who is enrolled in MERS Defined Benefit (DB) Plan (including
Hybrid) or Defined Contribution (DC) Plan.

As provided in Section 45(2) of the MERS Plan Document, the governing body for each municipality shall certify the
names of two (2) delegates to the Annual Meeting. One delegate shall be a member who is an officer of the municipality
appointed by the governing body of the municipality. The other delegate shall be a member who is not an officer of the
municipality, elected by the member officer/employees of the municipality. The election shall be conducted in a manner
that affords each member officer/employee an opportunity to vote.

Officer Delegate (or Alternate): The officer delegate shall be an officer member who holds a department head position
or above, exercises management responsibilities, and is directly responsible to the legislative or executive branch
of government.

Employee Delegate (or Alternate): The employee delegate shall be an employee member, who is not responsible for
management decisions, receives direction-from management, and, in general, is not directly responsible to the legislative
or executive branch of government.

Delegate Certification: This form states that the officer delegate (alternate) appointments are true and correct, and the
secret ballot election results for employee delegate (alternate) are true and correct. An official at the municipality must
sign the certification.




        MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM   I 1134 Municipal Way I Lansing, Ml 48917 I (800) 767-6377 I (517) 327-8336 fax I www.mersofmich.com
                                                                                       Visit our web site to register today - www.mersofmich.com       11
                                              Officer and Employee Delegate
        MERS. Certification Form
        MUIIIClrll ™Pl0¥lEI RUIRU\f~T5¥$TUI




                                                                                                                                    [see reverse for InformationJ

       MERS 62"d Annual Meeting I September 30 - October 2, 2008 I Grand Traverse Resort & Spa, Acme, Michigan

       IMPORTANT: Complete a11d re/um t/zis form, Your registration is 1101 co11jirmed until t/1is form !,as been received by MERS.

      In order to be your municipality's delegate representative to MERS Annual Meeting, you must be a member ofMERS.
      A member of MERS is defined as an individual on payroll who is enrolled in MERS Defined Benefit Plan (including
      Hybrid) or Defined Contribution Plan. Please refer to "Delegate lnfonnation" on the back for specific requirements.

        OFFICER (ALTERNATE)                                                                      EMPLOYEE (ALTERNATE)
        DELEGATE INFORMATION                                                                     DELEGATE INFORMATION

       The officer delegate (or alternate) shall be an officer                                   The employee delegate (or alternate) shall be an employee
       member who holds a department head position or above,                                     member who is not responsible for management decisions,
       exercises management responsibilities, and is directly                                    receives direction from management and, in general, is
       responsible to the legislative and/or executive branch of                                 not directly responsible to the legislative and/or executive
       government.                                                                               branch of government.

       Please type or print:                                                                     Please type or print:
       Officer Delegate                       7@        /1ov(..                                  Employee Delegate   Mtf:,,t.,,t)                       C/~t:l.e;t_
       Officer Alternate               /Jr/{) )l) /111' M/Pe..                                   Employee Alternate              re~-e.sa. Acre,, k;t
       OFFICER DELEGATE APPOINTMENT                                                              EMPLOYEE DELEGATE ELECTION
       Bx o cial action of the governing body on                                                 By secret ballot ejection conducted by an authorized
           / 2.       2008, the officer delegate and                                             officer on P// L-          2008, the employee delegate
       alternate listed above were appointed to serve at the                                     and alternate listed above were elected to serve at the 2008
       2008 MERS Annual Meeting.                                                                 MERS Annual Meeting.

       CERTIFICATION
       NOTE: Certification should be signed by the member of the governing body or the Chief Administrative Officer and
       municipality number provided in space at the bottom of certification box.

       I certify that the officer delegate and alternate selections are true and correct, and the secret ballot election results for
       employee del ga~ and alternate are true and corr~ct.

       Name(Signature):                       l\'vy\'0'\h\/          e~ Jc                 Name(PleasePrint):             Ann /lJorie f3eclf,,r
       Official Title:         {°;:;r, /       e"U".<.t:..                                 Date: _ _ll.LLJ.,l}'-'q'-'µ,__.,_s tL____,_,;s;.,_,___,,,d,""'O'-'"O'-'rP,__ _

       NOTE: Municipality Number Required for Certification
       Municipality Number: _.C,c,/,cc1/,_.t,,c.__ _ _ __                                  E-mail address:       -tzM • Pa vi (!>..sl1(la;hh('.t' /T,I.
                                                                                                                               ~                   :,
                                                                                                                                                        ~.....

       Municipality:                Cq             aE        ,)fg,,U6"~,:;-µ
       Municipality Mailing Address:                    ,Po         Aox .5.J?
                                                        /rJtr.u'er;M, IYl:t:'

                 MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM             I 1134 Municipal Way I Lansing, Ml 48917 I (800) 767-6377 I (517) 327-8336 fax I www.mersofmich.com
1112 Visit our web site to register today-www.mersofmich.com
                        AGENDA ITEM NO. _ _ _ _ _ _ _ __

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




TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        August 1, 2008

RE:          Army Corps of Engineers Supplemental Agreement - Pier Safety



SUMMARY OF REQUEST:
To approve Supplemental Agreement No. 2 to the Army Corps of Engineers Lease No.
DACW35-1-91-3004. This supplemental agreement will incorporate the North Breakwater
of the Muskegon Harbor into the lease to allow the placement of pier safety devices.


FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the attached Supplemental Agreement.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\ARMY CORPS ENG SUPPLMNYLAGRMNT 080108
                                                                                              2008-?0(f)




                                   DEPARTMENT OF THE ARlvfY
                             DETROIT DISTRlCT, CORPS OF ENGINEERS
                                SUPPLEMENTAL AGREEMENT NO. 2
                                 TO DEPARTMENT OF THE AlliWY
                                 LEASE NO. DACW35-1-91-3004


   TlllS SUPPLEMENTAL AGREEMENT entered into this_l.2__day of August               • 2008 , by and
between THE CITY OF MUSKEGON, MICIDGAN, hereinafter called the lessee and the SECRETARY OF THE
ARMY, hereinafter called the government.

   WITNESSETH:

   MlEREAS. the parties hereto entered into Department of the Army Lease No. DACW35-l-9l-3004, dated
28 July 1992. which authorized the Lessee's use and improvements upon U.S. Property located at the Pere Marquette
channel area, Muskegon Harbor Federal Navigation Project, as more accurately described in the basic lease; and

  . MlEREAS, the lease was amended by Supplemental Agreement No. 1 dated 27. March 2007; and

   WHEREAS. the lessee has requested that the leased premises be expanded to include lights and pier safety devices
on the U.S. North Breakwater; and

  WHEREAS. the Government has no objection to this request.

  NOW, THEREFORE, effective 5 August 2008, the Lease is modified in the following particulars, but in no others:

  The following condition is ADDED hereto and made part of the lease:

  "38. g. This lease authorizes the City of Muskegon to constmct, operate and manage lights and various pier safety
devices such as life rings, call boxes, signs and other related devices with appurtenances on the U.S. North Breakwater.

  EXCEPT AS MODIFIED ABOVE, all other terms and conditions of the lease, remain in full force and effect.

   IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 on the date first
above written.




                                                                                                      (printed name)

                                                                   Mayor                              (title)

 BY AUTHORITYOFTHE
 SECRETARY OF THE ARMY



VICTORL. KOTW1CKI
Chief, Real Estate Division
Detroit, Buffalo and Chicago Districts
                                                                                                 SUPPLEMENTAL AGREEMENT NO. 2
                                                                                                 DEPARTMENT OF THE ARMY LEASE .NO. DACW35-1-91-3004

                         CORPS OF ENGINEERS                                                                                                                                                         U, S. ARMY

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                                         By: -~-··
                                               Ann Marie Becker, MMC
                                               City Clerk
             Commission Meeting Date: August 12, 2008



Date:       August 5, 2008
To:          Honorable Mayor and City Commission

From:        Community and Neighborhood Services D e p ~ 6

RE:          2008 - 2009 City of Norton Shores CDBG Administration
             Contract


SUMMARY OF REQUEST: To approve the attached contract between the City of
Norton Shores and the City of Muskegon for the administration of Norton Shores'
2008 - 2009 CDBG program.

The agreed revenues to be earned from this transition are $22,000, to be paid on a
quarterly basis. This is the third year that the CNS office will be administering the
City of Norton Shores' CDBG program.

FINANCIAL IMPACT: The City will receive the revenues and will be deposited in the
CDBG Administration Fund.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To direct the Mayor and the City Clerk to sign the
contract.

COMMITTEE RECOMMENDATION: None
                                                                                 2008-70(h)



                          City of Muskegon/City of Norton Shores
                         CDBG Program Administration Agreement
                                                   th
        Agreementmadeandenteredintothis 12            day of August, 2008, by and between
the City of Muskegon; a Michigan municipal corporation ("Muskegon"), and the City of Norton
Shores, a Michigan municipal corporation ("Norton Shores"), with reference to the following
facts:

                                         Background

        Norton Shores desires that Muskegon assume responsibilities for the administration of
the Norton Shores' Community Development and Block Grant ("CDBG") Program.

       Therefore, the parties agree as follows:

        1.      Administration of CDBG program. Muskegon agrees to assume responsibility
for the preparation and submission of the following CDBG documents on behalf of Norton
Shores:

       a.   Federal Application 424, nan-atives, project tables, certifications, Environmental
            Summary, Combined Notice of no Significant findings and Intent to Release funds.

       b.   Consolidated Annual Performance and Evaluation Report, public hearing notice
            nan-atives, reports including performance measures criteria (using CPMP format).

       c.   Semi-Annual Labor Standard Enforcement Report (form 4710).

       d.   Contract and Subcontract Activity Report (form 2516).

       e.   CDBG liens for projects, in accordance with ffiJD guidelines and regulations, as well
            as any other applicable Norton Shores requirements.

       f.   Preparation of quarterly reports to comply with CAPER, maintaining subrecipient
            contract format for the City of Norton Shores' contract with the American Red Cross.

Norton Shores shall provide Muskegon with a copy of all fmms previously used by Norton
Shores, and Muskegon shall provide a copy of the above reports to Norton Shores upon
completion.

       2.      Terms of CDBG Fund Payments. Muskegon shall submit payment requests for
       release of CDBG funds to Norton Shores' Financial Department, and Norton Shores shall
       remit payment within 10 days of a payment request by Muskegon.

       3.       Administration Fee. Norton Shores shall pay Muskegon $22,000 per program
                year for administration of the CDBG program. Payment shall be made by way of
                quarterly payments beginning on July 1, 2008.
        4.      Term of the Contract. The parties agree that this contract shall be effective
                July 1, 2008, through June 30, 2009. In addition, either party may terminate this
                Agreement at any time, and for any reason, upon 45 days written notice to the
                other party. Upon termination of the contract, Muskegon shall owe Norton
                Shores a pro rata return of the unearned Administration Fee paid to date.

        5.      Building Inspection. Norton Shores' Building Inspection Department will ·
                perform all inspections for CDBG projects and submit the inspection reports to
                Muskegon for inclusion in the relevant project file.

        6.      Purchasing Guidelines. Muskegon and Norton Shores agree to evaluate the
                current CDBG program purchasing guidelines used by Norton Shores, and
                establish a written quotation and sealed project bid system acceptable to both
                parties.

        7.      General Provisions.

                a.   Non-Waiver. No waiver by any party of any provision of this Agreement
                     shall constitute a waiver by such party of such provision on any other
                     occasion or a waiver by such party of any other provision of this Agreement.

                b.   Severability. Should any provision of this Agreement be determined to be
                     invalid, unlawful, or unenforceable in any respect, the validity, legality, and
                     enforceability of the remaining provisions shall not in any way be impaired
                     or affected.

                c.   Assignment or Delegation. Neither party may assign all or any portion of its
                     rights and obligations in this Agreement without the express prior written
                     approval of the other party, which approval may be withheld for any reason.




By
     Anne Marie Becker, Clerk
Date: August 12, 2008
To:       Honorable Mayor and City Commissioners

From: Finance Director
RE: Accounting Services Contract


SUMMARY OF REQUEST: Since 1997, we have utilized a contractual
arrangement for accounting services. This arrangement was put in place in lieu of
replacing a full-time finance clerk employee who retired. The accounting services
contract has proved very cost-effective for the City. We receive excellent service at a
very reasonable rate, pay only for actual hours worked, and have benefitted from
having the same person provide services for more than eight years. The current
contract is nearing expiration and staff recommends renewing for a three-year period
at a fixed rate of $40.00/hour. This represents a $5.00/hour increase over the current
rate ($35.00), but is still less than the $42.00/hour rate paid in 2003-06.

FINANCIAL IMPACT: The City uses about 20 hours service each month under
this contract. The projected annual cost is $9,600, far less than the cost of the full-
time position the contract replaced.

                                    Data
                      Year          Sum of Hours        Sum ofTotal
                      2003                  306.8       $    13,138
                      2004                  276.5       $    11,899
                      2005                  253.3       $    10,637
                      2006                  316.0       $    13,074
                      2007                  201.5       $      6,045
                 2008 /thru June)           136.8       $     4,786
                   Grand Total            1,490.8       $    59,578



BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Approval ofa three-year extension (2009, 2010,
2011) to the current accounting services contract with Dobb Accounting.

COMMITTEE RECOMMENDATION: None.




9/18/97                                                                               1
DOBB ACCOUNTING & TAX SERVICE L.L.C.




July 25, 2008



Mr. Tim Paul
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49443


Dear Tim:

We are pleased to confirm our understanding of the accounttng and support services that we are to provide to the City of
Muskegon.

We will provide accounting and bookkeeping services at the rates listed below:

                     Year                              Rate Per Hour
                     2009                               40
                     2010                               40
                     2011                               40

We appreciate the opportunity to be of service to the City of Muskegon. This letter summarizes the significant terms of
the engagement. If there are any questions, please let us know, If you agree with the terms of our engagement as
described in this letter, please sign the enclosed copy and return it to us.


Sincerely,



Jessica Rabe




                                   1050 W WESTERN AVE           PHONE     (231) 722-2599
                                   SUITTl0S                     FAX       (231) 722-2821
                                   MUSKEGON, MI 49441           E·MAIL    [email protected]
Response:

This letter correctly sets forth the understanding of the City of Muskegon.

By:

Title:

Date:
Date:         August12,2008
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Request for Encroachment Agreement
              333 W. Western Ave. Suite 1 B




SUMMARY OF REQUEST:
New Trend Investments LLC has submitted the attached encroachment agreement form
requesting your permission to install an 15' attached canopy on the side of the building
facing Second St., and use 15' of the sidewalk for outdoor seating at the Muskegon Athletic
Club (see attached plans).

FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None



STAFF RECOMMENDATION:
To approve the encroachment agreement.



COMMITTEE RECOMMENDATION:
                                                                                                   2008-71 ( C)
                                                  CITY OF MUSKEGON
                                   ENCROACHMENTPERMITAGREEMENT


REQUEST: A one-hundred dollar ($100.00) non-refundable fee is required for processing of request.
        I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the encroachment"), in
or abutting a street, alley, sidewalk, park, tenace or other property controlled or owned by the City of
Muskegon, the encroachment being described as: (Attach exhibits)                        (I unit equals 0-99 lineal feet)
    1,r:                         l 1V      ,,   'i,l, "., ,:i .J1L/(       c·, vii,         .,
                                                                 .:;/""" ">''
                                                                                   7
                                                                                       :15··




        3.        The CITY is willing to grant such privilege upon the terms and conditions herein. This
agreement shall constitute a permit under Chapter 74 of the Code of City Ordinances, and with all future
amendments shall apply to any encroachment on public right of way or propetiy.


PERMIT AGREEMENT:
        THIS AGREEMENT is made and entered into this                        :1>{1
                                                                                         day of   'Jl./ I '[      20 (,' , by and
between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and                                  h/(}-1 'jttJi\)
  IH'16j)•li)l[                   (hereinafter called LICENSEE).


THEREFORE,
         I.       CITY does hereby grant unto LICENSEE the privilege of constructing, installing, maintaining,
repairing and performing all necessary functions relating to the encroachment, and for that purpose to enter the
property, for the term herein stated. This privilege shall be effective upon the delivery to the CITY of the
required evidence of insurance coverage as outlined in paragraph 4 under this section and only after approval of
this agreement by the City Commission and at which time an encroachment permit will be issued.
        This grant is subject to the following special conditions:                       see attached Sllpplemental conditions




O:\ENGINEERTNG\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Pennit.doc
        2.      That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
_ _ _ _ _ _ _ _ _ _ _ _ _Dollars ($ _ _ _ _~, per unit as described under Request, paragraph 1,
applicable to the current Master Fee Resolution. Such payment is to be made upon the signing of this
agreement to the City of Muskegon, and the privilege hereby granted shall continue for a period of five years
from said date and renewal payment as set in the Master Fee Resolution to continue in five year intervals due on
the first day of May unless sooner tenninated as hereinafter provided.
        3.      INDEMNIFICATION. The LICENSEE shall indemnify and save hannless said GRANTOR of
and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or fines or
awards brought against or charged to the CITY by any person, firm or corporation on account of or arising from
the privilege hereby granted to LICENSEE or the activities of the LICENSEE related to the encroachment or
this privilege. This indemnification obligation shall include all liabilities for environmental damage or releases
of hazardous substances subject to any governmental or third party action. "Hazardous substance" is defined as
any material constituting a prohibited or regulated substance under governmental law, rule, statute or regulation
in force at any time, including future times.
        4.      INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to CITY, and issued by companies acceptable to the CITY, licensed in the State of Michigan,
naming CITY as an additional insured on any such policy. LICENSEE will file yearly with the CITY
certificates or policies evidencing such insurance coverage. The insurance policies or certificates shall provide
that the CITY shall be given thirty days written notice before a cancellation or change in coverage may occur.
The types of coverage and coverage limits as required by City Engineer shall be as follows:
        Ot-~ 1 )7.iil                                                 L1 i,is• c ·- 7


        5.      BONDING. Before this agreement pe1mit becomes valid, LICENSEE shall file with the CITY a
bond conforming to the requirements of all applicable ordinances, and to cover removal of said encroachment in
part or whole, if essential for CITY to do so. This Bond shall keep same in force during the entire tenn of this
agreement.
        6.      The privilege hereby granted may be canceled and revoked in part or whole by the CITY at any
time upon giving said LICENSEE thirty (30) days of written notice of such cancellation and revocation, with no
refund of the fee required in paragraph 2 of Penni! Agreement.
        7.      LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in
writing to the CITY thirty (30) days prior to such surrender with no refund of the fee required in paragraph 2 of
Permit Agreement; provided, however, that upon the voluntary relinquishment or abandonment of this privilege,
or upon cancellation or revocation thereof by the CITY, the LICENSEE shall remove any structure(s) erected
upon, within or overhanging the area of encroachment and restore the property at LICENSEE'S expense and in

O:\ENGTNEERfNG\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Permit.doc
I   a manner satisfactory to the CITY and in default thereof shall be liable to the CITY for any cost, damage or
    expense the CITY may sustain in such restoration.
            8.      That should said LICENSEE fail or refuse to confonn to any of the conditions on its part to be
    perfonned hereunder, the privilege hereby granted shall immediately terminate and become null and void.
            9.      This agreement shall be binding upon the respective heirs, representatives, successors and
    assigns of the parties hereto.




                                                                                 IZon    llJar:,'c. /lee /(,.c, Clerk




    O:\ENGINEERING\COMMON\ENCROACHMENT AGREEMENTS\Blank Encroachment Agreement and Permit.doc
                           SUPPLEMENTAL CONDITIONS




1-   The grantee shall be fully responsible for the maintenance of the encroachment(s)
     and any relocation that becomes necessary to facilitate other improvements within
     the right of way (s).

2-   Grantee will be responsible to maintain and keep, for the duration of this agreement,
     a valid insurance coverage satisfactory to the City.

3-   If approved (by the City Commission), a permit to work in the right of way must be
     obtained from the Engineering Department before any work begins.

4-   Insurance: LICENSEE shall at all time carry liability insurance naming the City of
     Muskegon as "additional insured" in such amounts as are satisfactory to the City.
     The provision for liability insurance set forth shall remain in full force and effect in
     lieu of any other insurance requirement, provided that the City shall be given thirty
     (30) days written notice before a change in coverage may occur.

5-   The City and/or its agent are not responsible for any damage to the facilities.

6-   The LICENSEE shall at all times maintain at all times an unimpeded clearance
     (along the sidewalk) of at least 48" from the back of the curb.
                                            rrt:21




    COMMON SPACE


                                                                                                                ;,;1




                                                                                                 COMMON SPACE

i                                               MUSKEGON ATHLETIC CLUB                                          :_fl


I
    SEPERATE TENANT                             4800SF




                                                                                                 COMMON SPACE




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     SITE PLAN W/ GATE, CURB, L. POLE & CANOPY LOCATION
       SCALE: 1116'"' 1'-0"
     •                ••
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                        SIDE ELEVATION
                                          74-265/724
 MUSKEGON ATHLETIC CLUB LLC    04-oa        10go7a9                      1031
          333 WESTERN STE 1B
         MUSKEGON, Ml 49440
                                       DATE_7_,__./--'-:!>=D~=oe.____~

                                                            $ JOI). OD




---·-- - ~ -
    ..
                                                       _.   --·-~        _-----.:- ____   -·
Date:         August12,2008
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Request for Encroachment Agreement
              Baker College of Muskegon - Clay Ave.




SUMMARY OF REQUEST:
Baker College of Muskegon has submitted the attached encroachment agreement form
requesting your permission to install 90 feet of PVC conduit under Morris Ave. along Third
St. and place 198 feet of innerduct in the existing sleeves in each of the 66 foot rights-of way
beneath First St., Second St., and Jefferson St. for a total encroachment of 288 feet.

FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None



STAFF RECOMMENDATION:
To approve the encroachment agreement install 90 feet of PVC conduit under Morris Ave.
along Third St. and place 198 feet of innerduct in the existing sleeves in each of the 66 foot
rights-of way beneath First St., Second St., and Jefferson St. for a total encroachment of
288 feet.per the attached plans.

COMMITTEE RECOMMENDATION:
                                                                                  2008-7l(d)


                                       CITY OF MUSKEGON
                           ENCROACHMENTPERMITAGREEMENT


REQUEST: A one-hundred dollar ($100.00) non-refundable fee is required for processing of
request.
           I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the
encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled
or owned by the City of Muskegon, the encroachment being described as: (Attach exhibits) (1
unit equals 0-99 lineal feet)

Install 90 feet of PVC conduit under Morris Ave. along Third St. and place 198 feet of
innerduct in the existing sleeves in the 66 foot rights-of way beneath First St., Second St.,
and Jefferson St, for a total encroachment of 288 feet.
        2. The City-owned or controlled property (herein "property") subject to the encroachment
is described as: [please insert a general description, and if required by the CITY, an accurate
legal description]



        3.        The CITY is willing to grant such privilege upon the terms and conditions herein.
This agreement shall constitute a permit under Chapter 74 of the Code of City Ordinances, and
with all future amendments shall apply to any encroachment on public right of way or property.


PERMIT AGREEMENT:
       THIS AGREEMENT is made and entered into this 12th               day of _ _~A==u,._gu=s~t~2=0=08=,
by and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY),
and Baker College of Muskegon, MI (hereinafter called LICENSEE).

THEREFORE,
         1.    CITY does hereby grant unto LICENSEE the privilege of constructing, installing,
maintaining, repairing and performing all necessary functions relating to the encroachment, and
for that purpose to enter the property, for the term herein stated. This privilege shall be effective
upon the delivery to the CITY of the required evidence of insurance coverage as outlined in
paragraph 4 under this section and only after approval of this agreement by the City Commission
and at which time an encroachment permit will be issued.
This grant is subject to the following special conditions: See supplemental conditions attached
2.     That LICENSEE shall pay to the CITY for the privilege hereby granted the sum of
$150.00             Dollars ($10.00     ), per unit as described under Request, paragraph I,
applicable to the current Master Fee Resolution. Such payment is to be made upon the signing of
this agreement to the City of Muskegon, and the privilege hereby granted shall continue for a
period of five years from said date and renewal payment as set in the Master Fee Resolution to
continue in five year intervals due on the first day of May unless sooner terminated as hereinafter
provided.
       3.      INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said
GRANTOR of and from any liability for claims, damages, costs, expenses, or fees, including any
attorney fees, or fines or awards brought against or charged to the CITY by any person, firm or
corporation on account of or arising from the privilege hereby granted to LICENSEE or the
activities of the LICENSEE related to the encroachment or this privilege. This indemnification
obligation shall include all liabilities for environmental damage or releases of hazardous
substances subject to any governmental or third party action. "Hazardous substance" is defined
as any material constituting a prohibited or regulated substance under governmental law, rule,
statute or regulation in force at any time, including future times.
       4.      INSURANCE. LICENSEE shall at all times carry liability insurance in such
amounts as are satisfactory to CITY, and issued by companies acceptable to the CITY, licensed
in the State of Michigan, naming CITY as an additional insured on any such policy. LICENSEE
will file yearly with the CITY certificates or policies evidencing such insurance coverage. The
insurance policies or ce1tificates shall provide that the CITY shall be given thirty days written
notice before a cancellation or change in coverage may occur. The types of coverage and
coverage limits as required by City Engineer shall be as follows:
See supplemental conditions
        5.     BONDING. Before this agreement permit becomes valid, LICENSEE shall file
with the CITY a bond conforming to the requirements of all applicable ordinances, and to cover
removal of said encroachment in part or whole, if essential for CITY to do so. This Bond shall
keep same in force during the entire term of this agreement.
        6.     The privilege hereby granted may be canceled and revoked in part or whole by the
CITY at any time upon giving said LICENSEE thirty (30) days of written notice of such
cancellation and revocation, with no refund of the fee required in paragraph 2 of Permit
Agreement.
       7.      LICENSEE may surrender up the privilege hereby granted at any time upon
giving notice in writing to the CITY thirty (30) days prior to such surrender with no refund of the
fee required in paragraph 2 of Permit Agreement; provided, however, that upon the voluntary
relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof by
the CITY, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the
area of encroachment and restore the property at LICENSEE'S expense and in
a manner satisfactory to the CITY and in default thereof shall be liable to the CITY for any cost,
damage or expense the CITY may sustain in such restoration.
       8.      That should said LICENSEE fail or refuse to conform to any of the conditions on
its part to be performed hereunder, the privilege hereby granted shall immediately terminate and
become null and void.
       9.      This agreement shall be binding upon the respective heirs, representatives,
successors and assigns of the parties hereto.


Witnesses:




                                                     -=-=Ann==-...:.Mc=a=r-=i-=-e-'B=-'ec.ccccck=e=r_ ___,, Clerk




                                                                 "'°~ ~-,.
                                                                 OLICEN~

                                                                                                               \    ==-
                           SUPPLEMENTAL CONDITIONS




1-   The grantee shall be fully responsible for the maintenance of the encroachment(s)
     and any relocation that becomes necessary to facilitate other improvements within
     the right of way (s).

2-   Grantee will be responsible to maintain and keep, for the duration of this agreement,
     a valid insurance coverage satisfactory to the City.

3-   If approved (by the City Commission), a permit to work in the right of way must be
     obtained from the Engineering Department before any work begins.

4-   Insurance: LICENSEE shall at all times carry liability insurance in such amounts as
     are satisfactory to the City. The provision for liability insurance set forth shall remain
     in full force and effect in lieu of any other insurance requirement, provided that the
     City shall be given thirty (30) days written notice before a change in coverage may
     occur.

5-   The City and/or its agent are not responsible for any damage to the facilities.
                                                                                                                                                                                              ~     f!J fnol s; !ff _._ 2-
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                                                                                                                                 50 Ft - Water Main, DI, 8 inch, Tr Del G                                MISCELLANEOUS QUANTITIES (THIS SHEET)
                                                                    1 Ea - Dr Structure, 48 inch dia                              1 Ea - Waterrnain, Connect
                                                                           STA 26+83, 21 .5' Rt
                                                                                                                                                                                                        QUANTITY      I UNIT I   DESCRIPTION
                                                                  500 Lb - Dr Structure Cover (C)                                                                                         P.O.E.
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                                                                                                                                         STA 26+93
                                                                                                                                                                                      STA28+50              900        Cyd       Subbase, CIP
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                                                                           STA 26+83, 48' Rt                                                                                                               2400        Syd       Aggregate Base, 8 inch
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                                                                                                                                         INV=599.52                                                         300        Ton       HMA,3C
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                                                     44 Ft - Sewer, Cl IV, 12 inch, Tr Del B (@ 0 .7%)
                                                    500 Lb - Or Structure Cover (C)
                                                                                                                 I                                         1 Ea -
                                                                                                                                                           1 Ea -
                                                                                                                                                           15 Ft -
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                                                                                                                                                                     Water Mai~I. 6 inch, Tr Del G
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200 Ft -Water Main, 01, 12 inch, Tr Del G                                                                   ~
                                                              30 Ft - Sewer, Cl IV, 12 inch, Tr Del B (@ 1.0%)                                             1 Ea -    Tee, 12 inch x 12 inch x 8 inch                1 Ea - Watennain, Connect
 1 Ea -Watennain, Connect                                                                                                                                                                                           1 Ea - Reducer, 12 inch x 8 inch
                                                              1 Ea - Stenn Plug, 12 inch                                                                   1 Ea -    Gate Valve and Box, 8 inch
                                                                      STA 17+14.66, 53' Rt                                                                 1 Ea -    Cap, DI, 8 inch
 1 Ea - Sewer Tap, 12 inch
 (CONTRACTOR TO CONFIRM INVERT
 ELEVATION PRIOR TO CONSTRUCTION)
                                                                   I  INV=605.02                                                                           65 Ft -   Wate r Main, 01, 8 inch, Tr Del G                                I
                                                                                                                                                                                                                    1 Ea - Or Structure Cover, Adj, Case 2
                                                                                                                                                                                                                  350 Lb - Dr Structure Cover (0)
                                                                   I LIMITS OF ROAD
                                                                     CONSTRUCTION
                                                                     STA 16+35
                                                                                                                                                                                                                                      I
                                                                                                                                                                                                                                P.O.E.I
       SECOND STREET                                                                                                                                                                                                      SECOND ST.
              EX. HMA PAVEMENT                                                                                                                                                                                              STA 19+06


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                                                                                                                                        REORDER 905 • U.S. PAT(,!H NO. 553329D, 55755DD, 5611163. 57a5353. 59M%4,    rm one

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  ~"~ MUSKEGON CAMPUS - 1903 MARQUETTE AVE - MUSKEGON Ml 49442-1490 - 12311 777-5233                                                                      Check No.                      202372


                                                        06/18/2008                  PERMIT TO WORK - CITY RIGHT-OF-WAY 03070                                                               100.00
                                                                                    BAKER COLLEGE-CULINARY CUI
                                                                                    CONSTRUCTION
                                                                                    CHURCHILL COMM, CONTRACTOR




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     OF                     MUSKEGON MI 49440,1348
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                                      11•          2o 2 3 7 211• , : o 7 2 oo• o 9 b,:           ~   a s ta :i 2o 2o11•
Date:        August 5, 2008
To:          Honorable Mayor and City Commissioners
From:        Lowell Kirksey, Recreation Supervisor
RE:          Memorial Honoring Commissioner Kevin Davis


SUMMARY OF REQUEST: Beachwood-Bluffton Neighborhood Association request
that the volleyball court area at Pere Marquette Park north of Captain Jacks
Restaurant be named Kevin Davis Volleyball Ct., in honor of former Commissioner
Kevin Davis for his public service to the citizens of Muskegon, and devotion to
developing Beach volleyball at Pere Marquette Park.
The Neighborhood association will have a dedication ceremony at their community
picnic, August 19th 6:00PM at the Margaret Drake-Elliott pavilion.


FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends approval.

COMMITTEE RECOMMENDATION: The Leisure Service Board approved the
recommendation at there February 19 meeting.
            Commission Meeting Date: August 12, 2008



Date:       August 5, 2008
To:         Honorable Mayor and City Commission              /   )   ~
From:       Community and Neighborhood Services ~rtment

RE:         Reallocation of 2008 HOME Funds


SUMMARY OF REQUEST: To approve for the Commission to direct the CNS office
to amend the 2008 - 2009 Action Plan in order to deduct $65,000 from the HOME
Total Rehabilitation program in order that it may be used for the City's Pilot
Weatherization program. This plan assisted 22 Muskegon households in which 91 %
were senior citizens. The households received assistance with windows, doors,
insulation, thermostats and furnaces.
The CNS office, in an attempt to be proactive, established this pilot program in
expectation of the predicted 30% increase in energy cost this corning winter.

FINANCIAL IMPACT: The HOME Total Rehabilitation program will be decreased by
$65,000. The Pilot Weatherization program will be funded at $65,000. After the
CNS office has sold homes out of our existing inventory and all deficit arrears have
been met, revenues from our HOME sales will be placed back in the Total
Rehabilitation program at an amount of $65,000.

BUDGET ACTION REQUIRED: Stated above.

STAFF RECOMMENDATION: To direct staff to amend the 2008 - 2009 Action
Plan to fund the Pilot Weatherization program.

COMMITTEE RECOMMENDATION:                 The    City Commission     approved the
Weatherization Program on April 22, 2008.
       7/ 29/ 2008                                                                  Nova Developmen·




                                                     Glass
                                        Cost@                 Cost@         Entry   Cost@
Order            Address      Windows                Block                                Furnace
                                         $248                  $160         Door     $454
                                                    Windows

  2      225 Iona               13        3,224        3          480         1      454      1

  3      392 W. Grand           17        4 ,216       8         1,280        1      454      1

 4       389 Merrill            12        2,976        6           960       2       908      1

  5      1423 Lakeshore          1          248        6           960       4       1,816    0

  6      1718 Hoyt              15        3,720        6           960        1      454      1

  7      11 11 Michioan          4          992        2           320        0       0       0

  8      861 Oak                12        2,976        6           960        2      908      0

  9      417 Yuba (DOORWALL      9        2,232        9         1,440        2      908      0

 10      401 Monroe             41       10,168        6           960        0        0      1

 11      1583 Lakeshore          4          992        6           960        0        0      0

 13      1784 Smith              9        2,232        4           640        1      454      1

 14      879 Oak                 4          920        4           640        2       908     0

 15      831 Turner             10        2,480        0                0     1       454     0

 16      432 Catherine          16        3,968        9         1,440        1       454     0

 17      461 Yuba                0              0      5           800        1       454     1

 18      1533 Hovt              20        4,960        0                0     3      1,362    0

 19      1818 Ray                14       3,472        4           640        0        0      1

 20      463 Mulder              13       3,224        4           640        2       908     0

 21      368 Sumner              12       2,976        0                0     2       908     1

 22      1489 Terrace            17       4,216        0                0     0        0      0

 23      1960 Cutler             2          496        6           960        1       454     1

 24      2080 Cutler             0              0      5           800        0        0      0

  4-     9Q9!Al. GFaAd           g              g      g                g     g        g      g

 4-2     1853 l/i.taad           G              g      g                0     g        g      g

                                245     $60,720        99     $15,840        27     $12,25f   10    l
Date:         August 12, 2008
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Sanitary Sewer Repair at Apple Ave. & Spring St.




SUMMARY OF REQUEST:
Authorize staff to enter into an agreement with Felco Contractors, Inc. to make
necessary repairs of the sanitary sewer at the intersection of Apple Ave. and Spring
St. as a change order to the Pine St., Apple Ave. to Western Ave. construction
project.



FINANCIAL IMPACT:
The estimated cost of $24,389.00.



BUDGET ACTION REQUIRED:
None at this time



STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Felco Contractors, Inc. to provide all
labor and materials to perform the tasks outlined in the attached change order.



COMMITTEE RECOMMENDATION:
Date:         August 12, 2008
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Construction Engineering Services for:
              Richards Park Building Demolition


SUMMARY OF REQUEST:
Authorize staff to enter into a construction engineering services agreement with
Environmental Resources Management, Inc. (ERM) to perform the demolition support
services for the former wastewater treatment plant at Richards Park including bid
document preparation, environmental oversight, and demolition oversight.

ERM is being recommended due to the reasonable fee proposal $14,500.00 as well as
their expertise in environmental issues.

FINANCIAL IMPACT:

$14,500.00

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



STAFF RECOMMENDATION:
Authorize staff to enter into a construction engineering services agreement with ERM




COMMITTEE RECOMMENDATION:
Date:        August 4, 2008

To:          Honorable Mayor and City Commissioners

From:        Assistant Finance Director

RE:          Home Rehabilitation Fund Deficit Elimination Plan



SUMMARY OF REQUEST: At December 31, 2007 the City of Muskegon Home
Rehabilitation Fund had a deficit balance of $231,345. Act 275 of the Public Acts of
1980 requires that the City file a Deficit Elimination Plan with the Michigan Department
of Treasury. Staff is requesting adoption of the Home Rehabilitation Fund Deficit
Elimination Plan Resolution.


FINANCIAL IMPACT: As presented by the Deficit Elimination Plan the Home
Rehabilitation Fund will no longer have a deficit by December 31, 2009.

BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Adoption of the Home Rehabilitation Fund Deficit
Elimination Plan Resolution.


COMMITTEE RECOMMENATION:
DEFICIT ELIMINATION PLAN
City of Muskegon
August 1, 2008


At December 31, 2007 the City of Muskegon Home Rehabilitation Fund had a deficit
balance of $231,354. This deficit was caused by a depressed home sales market. On
December 31, 2007 the City had five homes for sale and all had been on the market for at
least 10 months.

Address                               Selling Price
237 Walton                            $89,500
435 Monroe                            $69,000
867 Williams                          $67,000
451 Isabella                          $62,000
214 Myrtle                            $90,000               $377,500

Since the December 31, 2007 the City has sold 237 Walton. The following homes have
been completed and are now for sale:

539 Orchard                           $78,900
218 Catherine                         $72,500
1581 Division                         $92,500               $243,900

At June 30, 2008 the deficit had been reduced by $60,217 to$ 171,137. The Community
and Neighborhood Services Office is working diligently to get these homes sold. The
following is a listing of programs instituted to sale as many homes as possible by
December 31, 2008.


Option to Purchase Program

In April of2008 the Community and Neighborhood Services office created a pilot
program that offered the opportunity to lease two of the homes in our inventory with the
intent to purchase. These homes are located at 867 Williams and 435 Monroe. Currently
both homes are occupied. The tenants were responsible for a $1,500 deposit and both
pay approximately $600 per month. The tenants at 867 Williams hope to obtain a
mortgage before the end of the year. The tenant at 435 Monroe hopes to obtain a
mortgage within the next 24 months.

Opportunity to Bid

In late August or early September, the CNS office will offer the opportunity to bid on the
property at 451 Isabella. Any qualified first-time home-buyer will be able to bid on the
property if they have been pre-qualified. The minimum bid is $50,000. If this process is
not successful, then it will be brought to the City Commission to offer this property as
pmt of the Option to Purchase program.

Marketing Program

The CNS office has an aggressive marketing plan for the remaining homes in the City's
inventory.

    1. All homes have been advertised in the Sunday Muskegon Chronicle for
       approximately the last month and will continue to be advertised every Sunday
       until October.
    2. All homes will be advertised in the Annual Parade of Homes in August, which is
       a regional publication that covers all of Muskegon, Ottawa and some parts of
       Kent County.
    3. In August, the asking price of two of the homes will be decreased: 218 Catherine
       from $72,500 to $70,000 and 539 Orchard from $78,900 to $75,000.
    4. In September, presentations will be made to a number of nursing homes in the
       community about the City's homes and what buyers must do to qualify. In the
       past we have been successful at selling to young ladies who are nursing aids.
    5. Also in September a presentation is being planned for West Michigan Steel
       employees.

We will continue to aggressively market our homes through the City's website, during
community events and also through the always effective "word of mouth."

The following table shows the 2008 and 2009 budget for the Home Rehabilitation Fund.


                           2007                 Budgeted 2008          Budgeted 2009


Beginning Fund         $                -   $          (231,354)   $               (76,354)
Balance January 1,



Revenues
Federal Grants         $          445,833   $            380,000   $                   375,000
Other~ proceeds from   $          146,210   $           275,000    $                   300,000
sale of assets



Total Revenues         $          592,043   $           655,000    $                   675,000


Expenditures
Capital Outlay         $          823,397   $           500,000    $                   450,000


Ending Balance         $       (231,354)    $           (76,354)   $                   148,646
December 31,
                                  CITY OF MUSKEGON
                              MUSKEGON COUNTY, MICHIGAN

                              RESOLUTION NO.                2008-73(d)

WHEREAS City of Muskegon's Home Rehabil itation Fund had a $231,354 deficit fund
balance on December 31, 2007; and

WHEREAS, Act 275 of the Public Acts of 1980 requires that a Deficit Elimination Plan
be formulated by the local unit of government and filed with the Michigan Department of
Treasury:

NOW THEREFORE, IT IS RESOLVED that the City Commission of the City of
Muskegon adopts the following as the City of Muskegon's Home Rehabilitation Fund
Deficit Elimination Plan:


                               2007                 Budgeted 2008          Budgeted 2009


Beginning Fund            $                 -   $          (231,354)   $               (76,354)
Balance January 1,



Revenues
Federal Grants            $           445,833   $            380,000   $               375,000

other - proceeds from     $           146,210   $           275,000    $               300,000
sale of assets



Total Revenues                                  $           655,000    $               675,000


Expenditures
Capital Outlay            $           823,397   $           500,000    $               450,000



Ending Balance            $        (231,354)    $           (76,354)   $                   148,646
December 31,

Adopted this         12!:h day of August, 2008




                                            By:_~~..l!.._l.____1__ ~~~~~....:_---1....._
                                               Ann arie Becker, MMC
                                               Its Clerk
                                  CERTIFICATION

This resolution was adopted at a regular meeting of the City commission, held on August
12, 2008. The meeting was properly held and noticed pursuant to Open Meetings Act of
the State of Michigan, Act 267 of the Public Acts of 1967.

                                           CIT      OF MUSKEGON

                                           By:   ~~·'-'-"-'~::\---'--\_·'\\.\.J..::·=·'_,.\;=L\~~-'"'~~L'I
                                                     A Marie Becker, MMC
                                                     City Clerk
                             City Commission Meeting
                                Tuesday August 12, 2008



TO:           Honorable Mayor and City Commissioners

FROM:         Anthony L. Kleibecker, Director of Public Safety

DATE:         August 5, 2008

SUBJECT:      Purchase of Video Security System-City Hall


Summary of Request:

The Director of Public Safety is requesting commission approval to purchase a video
security system to be installed in various locations throughout city hall. The locations
include all entrances, the basement, the public area of the police department and the
public area adjacent to the treasurer's service counter.

Three bids were solicited. They are as follows:

Lakeshore Security & Electronics             Hesperia             $7,253.15

ADT                                          Wyoming              $9,225.00

Vision Technology International              Grandville           $12,383.00

This project is a joint effort between Public Safety, Engineering and Information
Technology. Staff recommends that the bid from Lakeshore Security & Electronics be
accepted.

Financial Impact:

The city applied for and has been approved for a grant from the Michigan Municipal Risk
Management Authority. The grant will cover 50% funding up to $5,000 towards this
project.

Budget Action Required:

None

Staff Recommendation:

Approval of the purchase.
.....                                                                                                                  Page 1 of I


          Dykman, Kurt

          From:      Brad Geyer [[email protected]]
          Sent:      Sunday, June 24, 2007 8:32 PM
          To:        Dykman, Kurt
          Subject: Camera system quote

        The following is the quote you requested for installing a video surveillance system in Muskegon City Hall.

        LIST OF MATERIALS;

        1) SPECO DVR16TN30 DIGITAL RECORDER WITH 320 GB HARD DRIVE
        8) SONY COLOR CAMERAS WITH BACK LIGHT COMPENSATION
        8) 3.5 TO 8 mm AUTO IRIS LENSES
        7) INDOOR CAMERA MOUNTS
        1) WEATHER PROOF HOUSING WITH HEATER AND BLOWER
        1) 8 CAMERA POWER SUPPLY
        1) 13 INCH COLOR MONITOR
        WIRE, CONNECTORS, AND MISC.

        TOTAL COST INSTALLED         $6803.15
                                                                                                     7253,        J5
        INSTALL INTERCOM FROM BASEMENT TO POLICE ENTRANCE                          $450.00

        Thank you for allowing Lakeshore Security and Electronics to quote on your CCTV needs. If you have any questions
        please give me a call at (888) 271-5055.

        Sincerely,
        Brad Geyer




                                                     . 1-888-271-5055                               ~-·
                                                       TOLL FREE
                                                     C6-if   .?">I   <;?3- or:oZ
                                                                     LAKESHORE SECURITY
                                                                     & ELECTRONICS, INC.


                                                                                         4661 N. DICKINSON AVE.
                                                       BRAD GEYER                            HESPERIA, Ml 49421
                                                       President
Proposed Equipment: Closed-Circuit Television System

      # of Devices                  Type of Device


              1                     9-Channel Digital Recorder w/ 500 GB Hard Drive
                                    andCD/RW
              6                     Indoor Color Dome High-Resolution Dome
                                    Cameras with 3-9mm Lenses
              2                     Outdoor Day I Night High-Resolution Cameras with
                                    3.5 8mm Lenses
              1                     16-Camera Power Supply
              1                     Aiphone Intercom System for Main Entry
                                    Necessary wire, labor and materials

Total Investment: 8 Cameras with 9-Camera Recorder

                                            Customer Owned

Equipment and Installation Fee:             $    8,840.00
Monthly Maintenance Fee:                    $       76,00 (optional)


Investment Option II: 8 Cameras with 16-Camera Recorder

                                            Customer Owned

Equipment and Installation Fee:             $    9,225.00
Monthly Maintenance Fee:                    $       81.00 (optional)

** Customer to provide Network PC and 110 volt AC power at the digital recorder and
aiphone location.

** Installation Fee includes complete installation of the above-proposed equipment,
training on the use of the system, necessary wire, labor, and materials.

Sincerely,

Todd M. Fenech
ADT Security Services




Commercial Proposal                                                    1:yca/·Fke&      ~
                                                                               Secumy   ....-
                Vision Technology International, Inc
                100 Grandville Ave. SW
                                                                             Proposal
                Suite 202                                             Date           Estimate#
                Grand Rapids, Ml. 49503
                Phone (616) 233-9622                                6/26/2007          1294
                Fax(616)233-9585
                www.vticctv.com

        Name I Address

      City of Muskegon
      933 Terrace
      Muskegon, Ml 49443




                                                                       Project

                                                                   Intercom System

                                          Description                                Qty

AIPHONE LEM~ 1 intercom system                                               I
Installation                                                                 6
Misc. Parts                                                                  I




                                                        Subtotal                           $565.00


                                                        Sales Tax (6.0%)                      $0.00


                                                        Total                          $565,00
                    Vision Technology International, Inc
                    100 Grandville Ave. SW
                                                                                      Proposal
                    Suite 202                                                  Date         Estimate#
                    Grand Rapids, Ml. 49503
                    Phone (616) 233-9622                                    6126/2007             1292
                    Fax (616) 233-9585
                    www.vticctv.com

         Name / Address

       City of Muskegon
       Mike Vander Molen/ IT Department
       933 Terrace
       Muskegon, MI 49443




                                                                                Projecl

                                                                         Regular camera system

                                                   Description                                   Qty

annordorne infared 2.0&-10 varifocal / auto iris                                      I
infared 2.08-10 varifocal / auto lris                                                 7
24V Camera Power Supply, Distribution Box                                             I
16 Channel 120FPS Rackmount DVR 250GB                                                 I
1000' Spool Siamese Cable~ Non-Plenum                                                 I
BNC Connectors                                                                        16
Installation                                                                          30



l. DOES NOT include 120 v power to unit
2. DOES NOT include DVR network connection
3, DOES NOT include overtime




                                                                 Subtotal                         $11,818.00


                                                                 Sales Tax (6.0%)                        $0.00


                                                                 Total                      $11,818.00
                           Michigan Municipal

                           MANAGEMENT
                           AUTHORITY


                          May 28, 2008
BOARD OF DIRECTORS


JAMES KOHMESCHER
     Chairman
   City of Wyoming
                          Anthony Kleibecker
  JAMES SCHARRET          City of Muskegon
    Vice Chairman
   City of Soulh1ield     933 Terrace Street
                          Muskegon, Ml 49443
  MICHAEL WELSCH
       Secretary
    AuSable Valley
    Menlal Heafth
                                    RE:   RAP
 MICHAEL BOSANAC
    Monroe County
                           Dear Mr. Kleibecker:
   RICHARD BURKE
   City ol lshpeming       I am pleased to inform you that your RAP application was approved. The Committee
                           authorized 50% funding up to $5,000 for your security project.
  MICHAEL DORNAN
     City of Wixom

     CINDY KING
                           Payment will be based upon confirmation from the City of Muskegon of their
   Charter Township        payment of their portion of the expense. Please send a copy of your paid invoice or
     of Van Buren
                           other documentation of the expenditure. Such documentation is needed in order to
  LEONARD PETERS           verify that the grant allotted is being used for the project described in your
     Eaton County
                           application.
  ROBERT SEETERLIN
   Charter Township
     of Waterford          Payment of RAP funds is contingent upon the City of Muskegon remaining a
   THOMAS YACK
                           Member of MMRMA and in compliance with the Joint Powers Agreement. Your
   Charter Township        reimbursement is valid for six months from the date of this letter.
      of Canton


                           Sincerely,
 MICHAEL L. RHYNER
   Executive Director
                           Charles Schwab
                           Director of Risk Management

                           CS/clc

                            cc:     Timothy Paul, Finance Director
                                    Ibex Insurance Agency




                     14001 Merriman• Livonia, Ml 48154 • (734) 513-0300 • FAX(734) 513-0318 • www.mmrma.org

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