City Commission Packet 02-10-2009

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                 FEBRUARY 10, 2009
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                           AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
  A. 2008 Suggestion Award Winner. CIVIL SERVICE
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Approval of a Neighborhood Enterprise Zone Certificate. PLANNING &
     ECONOMIC DEVELOPMENT
  C. Liquor License Request for JS Hockey Enterprises, Inc, (L. C. Walker
     Arena) 470 W. Western. CITY CLERK
  D. YouthBuild Grant. COMMUNITY & NEIGHBORHOOD SERVICES
  E. Equipment Purchase – Concrete Breaker. PUBLIC WORKS
  F. Acceptance of First, Second, Jefferson and Market Streets into the
     City’s Street System. ENGINEERING
  G. Replacement of Compressors on the Chiller at City Hall. ENGINEERING
  H. Amend the Uniform Agreement with Arrow Uniform. PUBLIC WORKS
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
       A. Wind Turbine Purchase and Installation. CITY MANAGER
       B. Neighborhood Stabilization Grant.                         COMMUNITY & NEIGHBORHOOD
          SERVICES
   ANY OTHER BUSINESS:
   PUBLIC PARTICIPATION:
   Reminder: Individuals who would like to address the City Commission shall do the following:
   Fill out a request to speak form attached to the agenda or located in the back of the room.
    Submit the form to the City Clerk.
   Be recognized by the Chair.
   Step forward to the microphone.
   State name and address.
   Limit of 3 minutes to address the Commission.
   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

   CLOSED SESSION:
   ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
                                CITY COMMISSION MEETING
                                        February 10, 2009


TO:             Honorable Mayor and City Commissioners

FROM:           Karen Scholle, Civil Service Personnel Director

DATE:           February 3, 2009

RE:             2008 Suggestion Award Winner


SUMMARY OF REQUEST:
        The Employee Suggestion Award Committee requests that the 2008 Employee
        Suggestion Award go to Public Works Customer Service Representative Terees
        Williams for her proposal to initiate a fee for water turn-on and turn-off for vacant home
        sale inspections rather than continuing to perform this time consuming service on no
        cost basis.

FINANCIAL IMPACT:
        This will save the City $50 per call while also bringing in income; the fee yet to be
        established.

BUDGET ACTION REQUIRED:

        None.

COMMITTEE RECOMMENDATION:
        The committee recommends honoring Public Works Customer Service Representative
        Terees Williams with the 2008 Employee Suggestion Award.

        (This is Terees’ second award. Terees continues to challenge herself by analyzing City
        practices in comparison to other organizations’ known practices and coming up with
        increased efficiency ideas for the City.)

STAFF RECOMMENDATION:
        Staff supports the committee recommendation and requests approval of this award.
Date:    February 10, 2009
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, January 27th.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     JANUARY 27, 2009
    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, January 27,
2009.
    Mayor Warmington opened the meeting with a prayer from Vice Mayor
Gawron after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
  Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Steve Wisneski, Chris Carter, Clara Shepherd, Lawrence Spataro,
and Sue Wierengo, City Manager Bryon Mazade, City Attorney John Schrier,
and Deputy City Clerk Linda Potter.
HONORS AND AWARDS: Mayor Warmington and the Commission congratulated
Bob Burns on his retirement from The Muskegon Chronicle where he worked for
37 ½ years. Bob was recognized for his professionalism and wished the best in his
future endeavors.
2009-06 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the January 12th Commission
Worksession, and the January 13th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Trust Fund Grant Agreement for Smith-Ryerson Park.        PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City had received the Development Project
Agreement from the State. The Mayor had signed the agreement and it was
submitted to the State. The State has requested that we supply an updated
resolution for the Smith-Ryerson Park Improvements approving the agreement
and that the City guarantee the matching fund amount of $158,400 (27%) of the
grant amount.
FINANCIAL IMPACT: There is no impact for the 2009 budget year as this has
already been budgeted.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:       To approve the resolution approving the
Development Project Agreement for Smith-Ryerson Park Improvements and
guarantee the matching funds, and to have the Mayor and Clerk sign the
resolution.
      C. Ammunition Purchase. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval of
the purchase of ammunition for the 2009 calendar year. The request includes
both practice and duty ammunition.
Two vendors replied to our bid requests: Michigan Police Equipment, 6521
Lansing Road, Charlotte, MI; and CMP Distributors, 6539 Westland Way, Lansing,
MI. Based upon the bids that were received, CMP Distributors is being
recommended.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: Provided for in 2009 budget.
STAFF RECOMMENDATION: Approval of this request.
      D. Assessing Services Contract. FINANCE
SUMMARY OF REQUEST: Since 1999 the City has contracted with the Muskegon
County Equalization Department for property tax assessing services. Providing
assessing services this manner avoids duplication of effort between the City and
the County and is more efficient than staffing our own assessing department.
For example, 1998 costs for supporting an in-house assessing operation were
$326,414. Inflating this figure at a conservative 4.5% annual rate to account for
employee wage and benefit growth results in an estimated 2009 cost for an in-
house operation of $529,722. The 2009 base year cost of the contract with the
County will be $459,300. The contract price is adjusted annually in accordance
with year-over-year changes in the City’s tax base.
The proposed contract term is three years with a two year extension possible;
the previous contract was for ten years. Other changes from the existing
contract mostly involve operational adjustments to better meet the needs of
City offices that utilize assessing data. Also, the contract provides for the
possibility that Equalization Department staff may be moved from City Hall to
enhance efficiency. However, this change requires discussion and formal
approval of the City Commission.
FINANCIAL IMPACT: The base year cost of the contract is $459,300.
BUDGET ACTION REQUIRED:        None at this time.   The contract cost is within
budget expectations.
STAFF RECOMMENDATION: Approval of the contract.
      E. New Cingular Wireless Amended Tower Lease Agreement.            PUBLIC
         WORKS
SUMMARY OF REQUEST:           New Cingular Wireless PCS, LLC a Delaware
Corporation and the Department of Public Works have been in negotiations to
amend the 1998 lease agreement for the Nims Street and Marshall Street Water
Towers. The lease shall be amended to increase the current monthly rent, for
two sites, from $2,217 per month to $4,470 per month.
The amended lease will terminate the wireless phones and phone service
agreement (original value $1,170/month) previously provided to the City and will
allow New Cingular Wireless to install on each Water Tower up to a total of six
antennas.
FINANCIAL IMPACT: Monthly rental will begin on March 1, 2009, at $4,470 per
month to be escalated at the rate of 3% per year annually. Revenue generated
from the rental of the Tower space shall be used to offset Water Tank
Maintenance Projects and purchase Wireless Phones and service.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Amended Lease Agreement and to
authorize the Mayor and Clerk to sign.
      F. Request for Encroachment Agreement for 1788 Terrace Street, Rykes
         Bakery. ENGINEERING
SUMMARY OF REQUEST:         Rouwhorst Investments, LLC has submitted an
encroachment agreement application requesting your permission to attach a
28’ 3” awning to the existing mansard roof which will extend over the public
sidewalk.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement for
installing the awning as per the plan.
      G. Transportation Improvements Program Submittal for 2012-2013 Projects.
         ENGINEERING
SUMMARY OF REQUEST: Authorize staff to submit the list of projects to the West
Michigan Shoreline Regional Development Commission for inclusion in the FY
2012 – 2013 Transportation Improvement Program (TIP). Projects submitted will
be considered for Federal and State transportation funding. Adoption of the
resolution is required as part of the submittal to commit the local match should
funds become available.
FINANCIAL IMPACT: None at this time, however, a local match will be required
should we receive a grant for a particular project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the project submittal and resolution.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
2009-07 ITEM MOVED FROM NEW BUSINESS:
      H. Request for Encroachment Agreement for 746 W. Laketon Ave. -
         Wayne’s Deli. ENGINEERING
SUMMARY OF REQUEST:         The Bog’s Corporation (DBA Wayne’s Deli) has
submitted an encroachment agreement application requesting your permission
to replace two of the existing signs with one improved 5’ by 6’ sign which will
extend over the public sidewalk along the north side of Laketon Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement for
replacing signs as per the plan, providing that they follow the supplemental
conditions included in the agreement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the encroachment agreement for replacing the signs as per the plan for 746 W.
Laketon Avenue, Wayne’s Deli.
ROLL VOTE: Ayes:     Gawron, Shepherd,       Spataro,   Warmington,    Wierengo,
           Wisneski, and Carter
            Nays: None
MOTION PASSES
2009-08 UNFINISHED BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 254 Amity Avenue. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 254
Amity, Area 11, is unsafe, substandard, a public nuisance and that it be
demolished within 30 days. It is further requested that administration be directed
to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the
lowest responsible bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Carter to leave on
the table until the second meeting in February to give Commissioner Carter
further time to work with the proposed lender.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION PASSES
      B. Request to Revoke the Obsolete Property Rehabilitation Exemption
         Certificate at 790 Terrace. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Promised Land Associates, 3355 Merriem Dr., Muskegon
Heights, was issued an Obsolete Property Rehabilitation Exemption Certificate
for the property located at 790 Terrace Street. The timeline to complete the
rehabilitation was one year, giving them until June 14, 2006, to do so. However,
a number of unforeseen problems occurred during this time, making the
applicant unable to complete the rehabilitation. The applicant then requested
a time extension in November, 2007, and was granted additional time to
complete the rehabilitation. The new deadline to finish the rehabilitation was
August 22, 2008. The case was brought back to Commission in November, 2008,
and another extension was granted, giving the certificate holder until January,
2009, to show the ability to complete the project. Total capital investment for
this project was stated to be $1,200,000 and was to include the addition of an
elevator and an additional stairway, along with upgrades to the structural,
mechanical, and electrical systems to meet current code requirements. To
date, none of these projects have been completed.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        To revoke the Obsolete Property Rehabilitation
Certificate.
Motion by Vice Mayor Gawron, second by Commissioner Carter to revoke the
Obsolete Property Rehabilitation Exemption Certificate for 790 Terrace.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
   NEW BUSINESS:
      A. Proposed Water Bond Refunding. FINANCE
SUMMARY OF REQUEST: The bond rating on the City’s water system was recently
upgraded by Standard & Poor’s from A- to AA-. This, combined with the current
interest rate environment, affords us the opportunity to refund two currently
outstanding water system debt issues and achieve significant interest savings. It
is proposed that $5,815,000 of Series 1999 and $925,000 of Series 1993 bonds be
refunded at this time. A recent analysis shows that these bonds can be
refunded at today’s lower interest rates with present value savings to the City of
$390,930. This equates to 5.80% of the outstanding principal, or $41,501 average
annual savings over the remaining life of the bonds. A general rule of thumb is
that PV savings should equal at least 2% of bond principal in order to proceed
with a refunding.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the ordinance to initiate and authorize
the proposed bond refunding. A second commission action (sales resolution)
will be required to complete the transaction. If numbers change to the extent
the refunding no longer makes economic sense, the plug can be pulled at that
time.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the proposed water bond refunding by approving the ordinance to initiate and
authorize the proposed bond refunding.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
      B. Towing Contract. PUBLIC SAFETY
SUMMARY OF REQUEST: Proposals have been accepted for the towing contract
with the City. This contract will go into effect on February 1, 2009. Proposals
were submitted by the following companies:
      1. All Pro Towing and Recovery, 2930 E. Apple, Muskegon 49442
      2. Baxter’s Towing and Storage, 5333 Airline, Muskegon 49444
      3. Campbell’s Towing, 2462 South Getty, Muskegon Heights 49444
      4. Central Towing, 710 Alberta, Muskegon 49441
      5. Reliable Towing, 1288 Ninth Street, Muskegon 49440
Based upon the proposals that were submitted, approval of a contract with
Campbell’s Towing, 2462 South Getty, is being recommended.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
towing contract with Campbell Towing, 2462 S. Getty.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro
            Nays: Warmington
MOTION PASSES
      C. Commercial Redevelopment Tax Abatement                   Districts   Policy.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Commercial Redevelopment Tax
Abatement Districts Policy for the City of Muskegon.
FINANCIAL IMPACT: Qualified commercial rehabilitation and redevelopment
projects would be eligible for tax exemptions under Michigan Public Act 255 of
1978. The abatements would be available to restored, replacement and new
facilities in designated areas in the city. Restored and replacement facilities
would be able to freeze the property tax at its pre-rehabilitated value,
effectively allowing the rehabilitation to be property tax free, with the exception
of school operating taxes, for up to 12 years. New facilities would have their
millages cut in half, except state education tax, and levied against the current
taxable value of the building, for up to 12 years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To approve the Commercial Redevelopment Tax
Abatement Districts Policy.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Commercial Redevelopment Tax Abatement Districts Policy as described.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
      D. Engineering Services Agreement with Sidock Group to Evaluate the
         Seawall at the Site Known as the Amoco Property. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Sidock Group out of Muskegon to provide a comprehensive
evaluation of the existing seawall as well as present alternatives on how to
address the failure in a portion of the existing wall. The evaluation will take into
account three main possibilities:
      1. Removal of the entire seawall and replacement with rip rap.
      2. Repairing/replacing the failed sections and reinforcement of the
         sections that did not fail.
     3. A combination of the above alternatives.
Sidock’s proposal was comprehensive and contained a good understanding at
a reasonable fee of $7,200. The other two proposals were submitted by Prein &
Newhof ($7,987) and Brechting ($3,135). Brechting’s proposal considers only
repairing the existing seawall.
FINANCIAL IMPACT:     The engineering fee of $7,200 for the study/evaluation
phase at this time.
BUDGET ACTION REQUIRED: None, the cost is budgeted for.
STAFF RECOMMENDATION:       Authorize staff to enter into an agreement with
Wade Sidock Group.
Motion by Vice Mayor Gawron, second by Commissioner Carter to authorize
staff to enter into an agreement with Wade Sidock Group for the evaluation of
the seawall at the site known as the Amoco Property.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
           Nays: None
MOTION PASSES
     E. Terminate the Arena Management Contract. CITY MANAGER
SUMMARY OF REQUEST:         To confirm the termination of the operations
management contract with Arena Management Group (AMG). Notification of
the termination has been sent to AMG, pursuant to the contract.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:      To affirm the termination of the operations
management contract with AMG.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to affirm the
termination of the operations management contract with AMG for the operation
of the L. C. Walker Arena.
ROLL VOTE: Ayes:     Gawron, Shepherd,     Spataro,   Warmington,   Wierengo,
           Wisneski, and Carter
           Nays: None
MOTION PASSES
     F. Arena and Concession Management Agreements. CITY MANAGER
SUMMARY OF REQUEST: To enter into agreements with J. S. Hockey Enterprises,
Inc. to manage the L. C. Walker Arena and to manage concession within the
facility.
FINANCIAL IMPACT: The agreements will operate under the same terms and
conditions of the previous agreements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreements and authorize the
Mayor and Clerk to sign them.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the agreements and authorize the Mayor and Clerk to sign them
regarding the J. S. Hockey Enterprises management of the L. C. Walker Arena
and the concessions within the facility.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION PASSES
      G. Assignment of Ground Lease – 1601 Beach Street. CITY MANAGER
SUMMARY OF REQUEST: To approve the assignment and assumption of the
ground lease at 1601 Beach Street from J. P. Lawrence, LLC to CJ’s on the
Beach, LLC.
FINANCIAL IMPACT: None, terms of the lease remain the same.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request and authorize the Mayor
and Clerk to sign the appropriate documents.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve
the assignment and assumption of the ground lease at 1601 Beach Street from J.
P. Lawrence, LLC to CJ’s on the Beach, LLC.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
      I. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following: PUBLIC SAFETY
         1305 Jefferson Street – Garage (Area 10)
         922 S. Getty Street
         616 Catherine Avenue (Area 11)
         355 W. Grand Avenue (Area 11)
         267 Iona Avenue – Garage (Area 11)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Carter, second by Commissioner Spataro to concur
with the Housing Board of Appeals notice and order to demolish, 1305 Jefferson
Street garage, 922 S. Getty Street, 616 Catherine Avenue, 355 W. Grand Avenue,
and 267 Iona Avenue garage.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were made.
ADJOURNMENT: The City Commission Meeting adjourned at 6:27 p.m.


                                         Respectfully submitted,




                                         Ann Marie Becker, MMC
                                         City Clerk
Date:      February 10, 2009
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Liquor License Request
           JS Hockey Enterprises, Inc.
           470 W. Western




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from the City of Muskegon to drop
Arena Concessions Group, LLC and Arena Management Group, LLC as
Co-Licensees and add JS Hockey Enterprises, Inc. as Co-Licensee in
the 2008 Class C Licensed Business with Dance-Entertainment Permit,
9 Bars, and Official Permit (food) located at L. C. Walker Arena, 470 W.
Western Avenue.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:             All departments are recommending
approval.
Date:     02/10/09
To:       Honorable Mayor and City Commission
From:     DPW
RE:       Equipment purchase




SUMMARY OF REQUEST: Approval to purchase one concrete breaker.


FINANCIAL IMPACT: $8,063.88


BUDGET ACTION REQUIRED: None. Cost will be made up from savings
from other purchases.


STAFF RECOMMENDATION: Approve purchase from BTI Breaker.
Memorandum
To: Honorable Mayor and City Commissioners
From: DPW
Date: 02/10/09
Re: Equipment Replacement



   The Equipment Division had scheduled for the replacement of our 1990 concrete
breaker for 2010. This unit was recently sent in for a few repairs and we were told
that the manufacturer no longer supports this model due to its age.

   The concrete breaker is used several times during a normal work week to open
holes in the street to expose water main breaks, service leaks, and anything else that
requires hard surface removal.

    In accordance with established purchasing policy, we are requesting permission
to purchase one 750 # class concrete breaker from BTI Breaker.




                                                                                         1
                                 Equipment Purchase - 2009

                   BTI Breaker       Michigan Cat      Cloverdale Equipment   Doheny Supplies
                   30625 Solon     770 Caterpillar Ct.   11331 Cloverdale     777 Doheny Court
Type of Purchase   Solon, Ohio      Grand Rapids Mi        Oak Park Mi          Northville, Mi

1 750# Concrete       $8,063.88           $11,870.00             $9,800.00      $11,750.00
Breaker
Date:        February 10, 2008
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Acceptance of First, Second, Jefferson & Market Streets into the City’s
             Street System


SUMMARY OF REQUEST:
Adopt the attached resolution, including exhibits A & B, accepting First, Second, Jefferson
& Market Streets into the City’s street system.



FINANCIAL IMPACT:
None.



BUDGET ACTION REQUIRED:
None.

STAFF RECOMMENDATION:
Adopt the attached resolution.



COMMITTEE RECOMMENDATION:
                                              CITY OF MUSKEGON

                                         RESOLUTION NO._________

        At a regular meeting of the City Commission of Muskegon, Michigan, held at the City

Commission Chambers on ____________________________, 2009

                                                          RECITALS

        THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:

   1. The City of Muskegon has a perpetual easement over certain streets known as Second, Jefferson & Market
   between Clay –Third – Morris & Terrace and ownership over First street from 123.65’ south of Western to
   Morris.
   2. It is necessary to furnish certain information to the State of Michigan to place this street

   within the City’s Local Street System for the purpose of obtaining funds under Act 51, P.a.

   1951, as amended.

NOW, THEREFORE, BE IT RESOLVED:

   1.   That the legal descriptions of said streets are described as:


See attached Exhibits A (easement agreement – Burdened and Easement
Property) and & B
        2.       That said streets are located within a City’s right-of-way, are on City controlled

                 Properties, and are under the control of the City of Muskegon.

        3.       That said streets are public streets and are for public street purposes.
4.     That said streets are accepted into the City Local Street System.

Resolution duly adopted.

YEAS___________________________________________________________________________

_________________________________________________________________________

NAYS__________________________________________________________________


                                    CITY OF MUSKEGON

                                 By_________________________

                                  Ann Marie Becker, City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON

       I hereby certify that the foregoing is a true and complete copy of a resolution adopted at a
meeting of the Board of Commissioners of the City of Muskegon, Michigan, held on the _____day
of _____________, 20__, and that the minutes of the meeting are on file in the office of the City
Clerk and are available to the public. Public notice of the meeting was given pursuant to and in
compliance with Act 267, Public Acts of Michigan, 1976.


                                                                   _________________________
                                                                   Ann Marie Becker, City Clerk
Date:         February 10, 2009
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Replacement of Compressors on the Chiller @ City Hall




SUMMARY OF REQUEST:
Authorization staff to enter into a $29,859 contract with Trane to replace the compressors for
the chiller @ City Hall along with other necessary items as outlined in the attached proposal.

Trane is being recommended since they are the soul source for the brand of chiller at City
hall.



FINANCIAL IMPACT:
The cost of $29,859 includes labor, equipment and materials.



BUDGET ACTION REQUIRED:
None at this time. However, some budget modification might become necessary at the
first quarter update in April/May since this project was budgeted at $28,000.


STAFF RECOMMENDATION:
Authorize staff to enter into a contract with Trane to replace the compressors along with
other necessary work as outlined in the proposal of February 4, 2009.



COMMITTEE RECOMMENDATION:
Date:        February 10, 2009
To:          Honorable Mayor and City Commissioners
From:        DPW
RE:          Amend the Uniform Agreement with Arrow Uniform




SUMMARY OF REQUEST:
Authorize staff to amend the contract with Arrow Uniform to suspend the cleaning service
they provide for the shop towels and mats for the period between February 11 and
December 31 of 2009, and to extend their contract for the aforementioned services until the
end of December 2012 instead of August of 2012.

This amendment is necessary to accommodate a previous contract with Model Coverall.



FINANCIAL IMPACT:
Minimal, the shop towels and mats are just changing from Arrow Uniform to Model Coverall
for most of 2009 to satisfy previous contract on the advice of City attorney.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
Authorize amend the contract with Arrow Uniform.



COMMITTEE RECOMMENDATION:
                             AGENDA ITEM NO. ______________

                   CITY COMMISSION MEETING ____________________



TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        January 29, 2009

RE:          Wind Turbine Purchase and Installation



SUMMARY OF REQUEST:
To approve a letter of intent with the Community Foundation for Muskegon County to place two
(2) SWIFT wind turbines on City facilities.



FINANCIAL IMPACT:
The City’s cost is estimated to be $1,500 - $4,000 per wind turbine for installation.




BUDGET ACTION REQUIRED:
None at this time.




STAFF RECOMMENDATION:
To authorize the City Manager to execute the letter of intent.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\WIND TURBINE PURCHASE & INSTALLATION 012909

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