City Commission Packet 07-28-2009

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                     JULY 28, 2009
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                            AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Certification of MERS Representatives. FINANCE
  C. Liquor License Request for The Cheese Lady, LLC, 808 Terrace Street.
     CITY CLERK
  D. 2009-2010 Michigan Municipal League Membership Dues. CITY CLERK
  E. Upgrade to Front Entrance of McGraft Park Building. CITY CLERK
  F. Special Event – Multiple Liquor License Request for 2009 AVP Crocs
     Tour, Muskegon Open. LEISURE SERVICES
PUBLIC HEARINGS:
  A. Establishment of a Commercial Rehabilitation District – 971 Washington
     Avenue. PLANNING & ECONOMIC DEVELOPMENT
  B. Request for a Commercial Rehabilitation Certificate for Fatty Lumpkins.
     PLANNING & ECONOMIC DEVELOPMENT
  C. Request for an Industrial Facilities Exemption Certificate for Johnson
     Technology. PLANNING & ECONOMIC DEVELOPMENT
  D. Request for Exemption of New Personal Property (PA 328) for Johnson
     Technology. PLANNING & ECONOMIC DEVELOPMENT

COMMUNICATIONS:
   CITY MANAGER’S REPORT:
   UNFINISHED BUSINESS:
   NEW BUSINESS:
       A. Police Patrol Retirement Incentive. CITY MANAGER
       B. Prosecution Services. CITY MANAGER
       C. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish 529 Mulder Street. PUBLIC SAFETY
   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.
Date:    July 28, 2009
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Becker, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes for the July 13th
Commission Worksession, and the July 14th Regular Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                        City of Muskegon
                                  City Commission Worksession
                                          July 13, 2009
                                   City Commission Chambers
                                             5:30 PM

                                           MINUTES

2009-59
Present: Commissioners Warmington, Carter, Wierengo, Shepherd, Gawron, Wisneski, and
Spataro.
Absent: None.

Deer Herd in Beachwood.
Tony Kleibecker, Public Safety Director, spoke to the DNR regarding deer herd in Beachwood
neighborhood. Several suggestions were given to deter the deer. The Mayor suggested that
residents use the recommended spray, place plantings in the yard that are resistant to deer, and
erect fences around gardens.

Commissioner Carter asked that the information be placed on the city website.

Third Street Promenade.
Gary Post made a presentation to replace three lights with five new street lights at Muskegon
Downtown Development in front of the condominium site. The additional cost of the type of
lighting chosen is $300. The site is willing to pay the extra $300 per year if the City chooses to
approve the request.

Motion by Commissioner Shepherd, seconded by Commissioner Wierengo for the City to
enter into an agreement with the Downtown Muskegon Development Corporation Site
Condominium Group One Association in regards to taking down three and the
replacement of five lights and the association would do the up-charge at the Cities charge
of somewhere between $280 and $300 per unit.

                                                          ROLL CALL VOTE:
Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and Shepherd.
Nays: None.

                                                                     MOTION PASSES


Trustees of MML Workers’ Compensation Fund.
Motion by Commissioner Spataro, seconded by Vice Mayor Gawron to vote for Larry
Nielsen to serve at trustee on the Michigan Municipal Workers’ Compensation Fund.

                                                                     MOTION PASSES
Any Other Business.
Public participation was accepted.


Adjournment
Motion by Commissioner Carter, seconded by Commissioner Shepherd to adjourn at 6:17
p.m.

                                                                MOTION PASSES



                                                   ________________________
                                                    Ann Marie Becker, MMC
                                                         City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 14, 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, July 14, 2009.
   Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word 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 Sue Wierengo, Steve Wisneski, Chris Carter, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
RECYCLING ANNOUNCEMENT:
Mayor Warmington explained that beginning August 1, 2009, the recycling
program will be discontinued for all residents unless they pay $42 per year or else
they can drop off their recyclables at 1970 Port City Blvd. between the hours of
7:00 a.m. and 3:45 p.m. As of today we have approximately 400 families that
have signed up for recycling. We need 500 families to sign up for this service at
$42 per year in order to continue uninterrupted. The phone number to call is
(231)773-8551 or (231)773-8407.
2009-60 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, June 23, 2009.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. SECOND READING:     Vacant Building Registration              Ordinance
         Amendments. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Code of Ordinances Chapter 10,
Section 107, Annual Registration of Vacant Buildings and Registration Fees, for
the purpose of exempting legal storage uses, located in the proper zoning
district, from the definition of a vacant structure.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of Chapter 10,
Section 107 Annual Registration of Vacant Buildings and Registration Fees,
specifically to amend the definition of Vacant found in sub-section (b)(1)(f).
      E. Fireworks Display Permit for Muskegon Bike Time. CITY CLERK
SUMMARY OF REQUEST: West Michigan Burnerz is requesting approval of a
fireworks display permit for July 17th and 18th during the Muskegon Bike Time. Fire
Marshall Metcalf has reviewed the request and recommends approval
contingent on inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
      F. Ammunition Purchase. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval of
the purchase of ammunition for the 2010 calendar year. The request includes
both practice and duty ammunition.
Generally, the bid is sought in early 2010; however, we have been advised that
there is a shortage of ammunition. Therefore, we are requesting that we be
allowed to begin the purchase process at this time.
Only one vendor replied to our bid request: CMP Distributors, 6539 Westland
Way, Lansing, MI. Based upon the bids that were received, I am recommending
CMP Distributors be awarded the bid.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: Available in 2009 budget.
STAFF RECOMMENDATION: Approval of this request.
      G. 2009 Water Treatment Chemical Bids. WATER FILTRATION
SUMMARY OF REQUEST: Recommend endorsement of contract extension for the
previous lowest responsible bidders to supply aluminum sulfate and fluoride for
the Water Filtration Plant as allowed by contract.
FINANCIAL IMPACT: Annual cost of $143,462 (based on average annual water
pumped to mains).
BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted
annually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the bid extensions received and allow staff to enter into contract with
US Aluminate Co. (USALCO) for aluminum sulfate and Lucier Chemical Industries
Ltd. for fluoride.
      H. Budgeted Vehicle Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase one 2009 Ford F-250 4x4.
FINANCIAL IMPACT: $17,773.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase from Vanderhyde Ford.
      J. Request to Hold a Leisure Services Yard Sale. LEISURE SERVICES
SUMMARY OF REQUEST: The Leisure Services Department would like to hold a
yard sale using donated clothing items, softball equipment and leftover uniforms
from previous programs. Donated items from City of Muskegon employees will
also be sought. It is planned to hold the yard sale on July 31, 2009, at the former
Central Fire Station along Walton Street. The purpose is to raise revenue for the
Summer Adventure Program to provide additional programming and offer field
trips lost due to budget cuts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
      K. Budgeted Equipment Setup. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase three dump bodies, one
utility box, and one service body with crane from Hoekstra Equipment and three
plows from Muskegon Brake.
FINANCIAL IMPACT: $53,460.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the purchases.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read minus items C, D, and I.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
2009-61 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. Contract for Demolition of            1387   7th   Street.      COMMUNITY      &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve for Community and Neighborhood Services
to execute a contract with Press’s LLC, 8081 Holton Duck Lake Road, Holton, MI
for the demolition of the structure located at 1387 7th Street. This activity is under
the Neighborhood Stabilization Program. The bid was for $4,800. The City
received three additional bids:
      1. Fenstermacher Asphalt Paving, 18573 Northland Drive, Big Rapids, MI
         for $4,800. Bid was not accepted because it was dropped off at the
         Clerk’s Office and the notice specifically stated bids needed to be
         dropped off at the CNS Office.
      2. Valentine Excavating LLC, 2493 64th Street, Fennville, MI for $6,850.
      3. Ken Adams Excavating, 8770 North Oceana Drive, Pentwater, MI for
         $8,975. Bid was not accepted because it was dropped off at the
         Clerk’s Office and the notice specifically stated bids needed to be
         dropped off at the CNS Office.
FINANCIAL IMPACT: The funding will be allocated from the City’s NSP Grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The program was reviewed by the Citizen’s
District Council.
Motion by Commissioner Wisneski, second by Commissioner Carter to approve
the contract for demolition of 1387 7th Street.
ROLL VOTE: Ayes:     Gawron, Shepherd,           Spataro,     Warmington,       Wierengo,
           Wisneski, and Carter
             Nays: None
MOTION PASSES
      D. Create Lakeshore Trail Fund. FINANCE
SUMMARY OF REQUEST: The City includes on its income tax form the option for
tax filers to donate refunds to various causes. For both 2007 and 2008 tax
returns, “Lakeshore Trail Improvements” was the most popular donation check-
off.
           Year                Number of Donations                    Total Donations
           2008                          279                              $1,309
           2007                          243                              $1,272
Staff believes the best use of the donated monies is to seed an endowment at
the Community Foundation for the long-term care and improvement of the trail.
Using the Foundation will give the fund greater visibility and, hopefully,
encourage other donations for this cause in addition to the income tax check-
off.
FINANCIAL IMPACT: Will provide a funding tool to protect and improve the
City’s investment in its Lakeshore Trail system.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to execute the “Build a Fund
Agreement” with the Community Foundation for Muskegon County.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the creation of the Lakeshore Trail Fund with the amendments
recommended by the City Attorney.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
           Nays: None
MOTION PASSES
     I. Agreement for General Services with a Retired City Employee. PUBLIC
        WORKS
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Robert
Fountain to provide assistance in various fields at DPW including storm sewer
and cross connection compliance. The proposed contract would be for an
average of 40-hours a month (based on needs and availability). Anticipated
starting date is August 1, 2009.
Furthermore, it is respectfully requested that staff be authorized to extend
and/or terminate said agreement to best serve the City.
FINANCIAL IMPACT: Approximately $6,500 for 2009 and an average of $16,000
per year after 2009 based on 480-hours of work per year.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Mr.
Fountain.
Motion by Commissioner Shepherd, second by Vice Mayor Gawron to approve
the agreement for general services with Robert Fountain.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
           Nays: None
MOTION PASSES
2009-62 NEW BUSINESS:
     A. Rescind Restrictive Covenant Action for 1470 Lakeshore Drive.   CITY
        MANAGER
SUMMARY OF REQUEST: To rescind action taken by the City Commission to
approve an amendment to the Declaration of Restrictive Covenant for 1470
Lakeshore Drive.   The anticipated transaction is not proceeding so the
amendment is not required.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To rescind the action taken by the City Commission
on June 23, 2009.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to rescind the
previous action regarding the Restrictive Covenant for 1470 Lakeshore Drive.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
           and Spataro
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Various comments were heard.
2009-62 CLOSED SESSION: To Discuss Pending Litigation.
Motion by Commissioner Spataro, second by Commissioner Carter to go into
Closed Session to discuss pending litigation.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Wierengo to come
out of Closed Session.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington
           and Wierengo
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Wierengo to concur
with the recommendation made by the City Attorney.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
           Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:05 p.m.


                                       Respectfully submitted,




                                       Ann Marie Becker, MMC
                                       City Clerk
Date: July 28, 2009
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 Teresa Ackerberg from the Clerical unit.

FINANCIAL IMPACT: Registration for the MERS conference in Grand Rapids is $185 per
person. Additionally, mileage costs will be incurred.

BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Certification of Tim Paul and Teresa Ackerberg to be the
City’s officer and employee delegates at the MERS annual meeting in Grand Rapids September 15 –
17.

COMMITTEE RECOMMENDATION: None.




O:\FINANCE\PAUL\MyDocuments\AGENDA ITEM MER Delegates.doc                                                  1
Date:      July 28, 2009
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Liquor License Request
           The Cheese Lady, LLC
           808 Terrace Street




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from The Cheese Lady, LLC to
transfer ownership of 2009 SDM License with Direct Connection-1 from
Kathleen Fagan Riegler, located at 808 Terrace Street. This request is
for purposes of adding the LLC to the license, the ownership remains
the same.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION:            All departments are recommending
approval.
Date:     July 28, 2009
To:       Honorable Mayor and City Commissioners
From:     Ann Becker, City Clerk
RE:       2009-2010 Michigan Municipal League
          Membership Dues


SUMMARY OF REQUEST: Approval to pay the 2009-2010 MML dues
in the amount of $9,855.


FINANCIAL IMPACT:
MML Dues                   $8,078
Environmental Assessment   $ 969
Legal Defense Fund         $ 808
Total                      $9,855


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval.
                          AGENDA ITEM NO. ___________________

                CITY COMMISSION MEETING _________________________



TO:         Honorable Mayor and City Commissioners

FROM:       Bryon L. Mazade, City Manager

DATE:       July 14, 2009

RE:         Police Patrol Retirement Incentive




SUMMARY OF REQUEST:
To provide a retirement incentive limited to one person (Ken Wansten) in the Police Patrol Unit.
This incentive could encourage one person to retire and, thereby, limit the number of layoffs
otherwise necessary due to budget constraints. It would also save the city money otherwise
spent on unemployment compensation.


FINANCIAL IMPACT:
$5,000.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the retirement incentive, the associated document, and authorize the City Manager
to sign it.




COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\POLICE PATROL RTRMNT INCNTV 072009
                                                SEVERANCE AGREEMENT


        KEN WANSTEN ("Wansten") voluntarily agrees to the terms and conditions of his
separation from CITY OF MUSKEGON ("City") on the following terms and conditions:

       1.      Termination of Full Time Employment. Wansten's active employment with City
will end pursuant to his retire on _________________, 2009.

        2.      Consideration. As consideration for the commitments and releases in this
agreement, City agrees to pay Wansten Five Thousand Dollars ($5,000) on the first pay day after
the effective date of this Severance Agreement. In addition, Wansten shall receive those benefits
provided to an employee upon retirement from the patrol unit of the City of Muskegon Police
Department.

          3.         Release.

        The parties agree that this Severance Agreement applies to that party, and, on behalf, as
applicable, of that party's heirs, beneficiaries, executors, administrators, assigns, and anyone
claiming through or under any of the foregoing, and, in the case of City, any of its officers,
agents, and employees.

                  3.1    Agreement Not to File Suit. The parties agree that each will not file or
otherwise submit any charge, claim, complaint or action to any agency, court, organization, or
judicial forum (nor will that party permit any person, group of persons, or organization to take
such action on their behalf) against the other party arising out of any actions or nonaction that
occurred on or prior to the date of execution of this agreement. Said claims, complaints, and
actions include, but are not limited to (i) any breach of an actual or implied contract of
employment between Wansten and City, (ii) any claim of unjust, wrongful, or tortious discharge
(including any claim of fraud, negligence, whistleblowing, or intentional infliction of emotional
distress), (iii) any claim of defamation or other common-law action, or (iv) any claim of
violations arising under the Civil Rights Act of 1964, as amended, 42 U.S.C.  2000 et seq.,
42 U.S.C.  1981, the Age Discrimination in Employment Act, 29 U.S.C.  621 et seq., the
American with Disabilities Act, 42 U.S.C.  12101 et seq., the Fair Labor Standards Act of
1938, as amended, 29 U.S.C.  201 et Seq., the Rehabilitation Act of 1973, as amended, 29
U.S.C.  701 et seq., the Employee Retirement Income Security Act (ERISA), 29 U.S.C.  1001
et seq., or any other relevant federal, state, or local statute or ordinance or applicable collective
bargaining agreement or civil service rules and regulations.

                 3.2     Release of Claims. The parties agree to remise, release and forever
discharge the other party from any and all matters, claims, demands, damages, causes of action,
debts, liabilities, controversies, judgments and suits of every kind and nature, whatsoever,
foreseen, unforeseen, known or unknown, including claims, complaints and actions described in
Paragraph 3.1, which have arisen or could arise between Wansten and City from matters which
occurred on or prior to the date of execution of this agreement, which matters include this
agreement and Wansten's separation of employment with City, and specifically include


C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\FA0718-Ken Wansten resignation (2).doc
grievances filed by or on behalf of Wansten and claims and appeals before the City of Muskegon
Civil Service Commission.

              3.3      Release and Waiver of Other Claims. Except as expressly provided in this
agreement, the parties agree to further release and waive any claims related to salary,
compensation, commission, vacation pay, insurance or welfare benefits, or any other benefits of
employment with City arising from events occurring on or prior to the date of execution of this
agreement.

                       Notwithstanding any provision of this agreement, this agreement does not
include any release or waiver of Wansten's non-forfeitable rights to his accrued benefits (within
the meaning of  203 and 204 of ERISA), if any, which rights are not released hereby, but
survive unaffected by this agreement.

       4.       Severability. The provisions of this agreement are severable, and, if any part of it
is found to be unenforceable, the other paragraphs shall remain fully valid and enforceable. This
agreement shall survive the termination of any arrangements in this agreement.

        5.      Wansten agrees that he will not engage in any conduct that is injurious to the
reputation or interests of any of the City entities, including, without limitation, publicly
disparaging (or inducing or encouraging others to publicly disparage) City. For the purposes of
this paragraph, the term "disparage" includes, without limitation, comments or statements to the
press or any individual, which would adversely affect in any manner: (a) the conduct of the City,
or (b) the reputation of the City. This paragraph applies only to issues involving his tenure and
employment with the City.

       6.      This Severance Agreement shall not in any way be construed as an admission by
City and its employees or agents that they have acted wrongfully with respect to Wansten, or that
Wansten has any claims, whatsoever, against City and its employees or agents. Similarly, this
agreement shall not be construed as an admission by Wansten that he has acted wrongfully in
any respect or that City has any claims against him.

        7.      Wansten represents and agrees that he fully understands all aspects of this
Severance Agreement. Wansten represents and acknowledges that, in executing this Severance
Agreement, he does not rely upon, and has not relied upon, any representation or statement not
set forth herein made by City or by any of City's agents, representatives, or attorneys with regard
to the subject matter, basis, or effect of this Severance Agreement or otherwise.

      8.      City advises Wansten to consult with and to provide a copy of this Severance
Agreement to an attorney prior to executing this Severance Agreement.


       9.      Wansten acknowledges that he has been deliberating whether to sign this
 agreement since July ______, 2009, and that City has given him until _______________, 2009
 (which is 21 days) to consider signing this agreement. If Wansten elects to sign this Agreement
 without availing himself the opportunity to consider it for at least 21 days, Wansten
 acknowledges that he waives right to the balance of the review period, and his decision to


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 shorten the time for considering this Agreement prior to signing is knowing and voluntary, and
 such decision is not induced by City through fraud, misrepresentation or a threat to withdraw or
 alter the provisions set forth in this Agreement prior to the expiration of the 21 day time period.

       For a period of seven (7) days after Wansten’s execution of this Agreement, Wansten
may revoke this Agreement by giving written notice to John C. Schrier, attorney for City, at
Parmenter O’Toole, 601 Terrace Street, P.O. Box 786, Muskegon, Michigan 49443-0786. This
Agreement shall not become effective until the revocation period has expired without it being
revoked.

        This Severance Agreement sets forth the entire agreement between the parties hereto, and
fully supersedes any and all prior agreements or understandings between the parties hereto
pertaining to the subject matter hereof.

     PLEASE READ CAREFULLY. THIS SEVERANCE AGREEMENT INCLUDES
A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.


          Executed at Muskegon, Michigan, this                             day of                           , 2009.



                                                                            ____________________________________
                                                                            Ken Wansten



          Executed at Muskegon, Michigan, this ___ day of ______________, 2009.


                                                                            City of Muskegon


                                                                            By_________________________________
                                                                              Bryon Mazade
                                                                               Its City Manager




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                               AGENDA ITEM NO. ________________

                  CITY COMMISSION MEETING _________________________




TO:           Honorable Mayor and City Commissioners

FROM:         Bryon L. Mazade, City Manager

DATE:         July 20, 2009

RE:           Prosecution Services



SUMMARY OF REQUEST:
To consider an agreement with the County of Muskegon and the Muskegon County Prosecutor
to provide prosecution services to the City.



FINANCIAL IMPACT:
$86.377.00 for 8/1/09 through 7/31/10.




BUDGET ACTION REQUIRED:
None.




STAFF RECOMMENDATION:
To approve the agreement, authorize the Mayor to execute it, and authorize staff to make
necessary arrangements with the City Attorney to discontinue these services.



COMMITTEE RECOMMENDATION:
None.




pb\AGENDA\AGENDA – PROSECUTION SERVICES 072009
      INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF
    MUSKEGON AND THE CITY OF MUSKEGON FOR PROSECUTION SERVICES

       This Agreement (hereinafter referred to as “Agreement”) is made by and between the
County of Muskegon, a political subdivision of the State of Michigan, and the Muskegon County
Prosecutor (hereinafter, together referred to as “County”), having its principal place of business
at 990 Terrace Street, Muskegon, Michigan 49442, and the City of Muskegon, a Michigan
municipal corporation, having its principal place of business at 933 Terrace Street, Muskegon,
Michigan 49443 (hereinafter referred to as “City”), concerning the intergovernmental transfer,
and performance, of the Prosecution Services as specified herein.

       WHEREAS the City Charter of the City, Chapter III, Section 2, authorizes the City
Commission to designate the person or persons responsible to carry out the functions of City
Attorney; and

        WHEREAS, under Chapter V, Section 10 of the City Charter of the City, the functions of
the City Attorney include, but are not limited to, the Prosecution Services as specified herein;
and

       WHEREAS Act 35 of 1951, MCL 124.1-124.13, and Act 8 of 1967, MCL 124.531 -
124.536, authorize intergovernmental contracts between municipal governments, including the
contractual transfer of governmental functions and responsibilities; and

        WHEREAS the City has a need for the Prosecution Services as specified herein, and
desires to have the Prosecution Services performed by the Muskegon County Prosecutor’s
Office; and

       WHEREAS the County, in exchange for good and valuable consideration, is willing to
contract to undertake the performance of Prosecution Services for the City; and

      WHEREAS this Agreement will not have any impact on the job of any existing City
employee; and

       WHEREAS the remaining duties of the City Attorney, except for the Prosecution
Services as described herein, shall not be delegated and shall remain with the existing City
Attorney,

        NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:

       1.      SCOPE OF SERVICES. County, through the office of the Muskegon County
Prosecutor, will perform Prosecution Services for the City. Prosecution Services shall consist of
the administration and prosecution, through and including trial and all appeals, of all criminal
ordinance violations and civil infractions, both traffic and non-traffic infractions.




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       2.       HIRING OF PERSONNEL. In order to perform the Prosecution Services, for the
duration of this Agreement, the office of the County Prosecutor will hire and employ one full-
time Assistant Prosecutor I, along with one part-time secretary.

        3.      TERM. Subject to Paragraph 5 (early termination), the initial term of this
Agreement is for five (5) years, from August 1, 2009, through July 31, 2014, and the Agreement
will automatically renew on a year-to-year basis unless written notice of termination is given by
either party not less than ninety (90) days in advance of the renewal date (i.e., May 2, 2014, or
May 2 of a subsequent year). If the renewal date falls on a Saturday or Sunday, then written
notice can be given on the next business day.

          4.     PAYMENT TERMS. For Prosecution Services rendered from August 1, 2009,
through July 31, 2010, the City shall pay the County $86,377.00. In subsequent years of the
initial term and renewal terms of this Agreement, the payment from the City to the County shall
escalate at the same rate as the escalation in the County projected budget (including, but not
limited to salary and benefits) for the personnel required to be hired under this Agreement. The
anticipated escalation in salaries and fringe benefits is based on the following factors: a seven-
step salary range for the assistant prosecuting attorney approximating a 5% salary increase each
year; a nine-step salary range for the part-time secretary approximating a 5% salary increase after
the equivalent of a full-time year; a contractual annual cost of living increase for the secretary
approximating a 2.5% increase; a potential annual cost of living increase for the assistant
prosecuting attorney approximating a 2.5% increase; any increase in fringe benefit costs including
health coverage based on increased provider cost or change in plan designation pursuant to a
change in family status. Any increase for non-personnel costs will be based on the Consumer
Price Index.

         5.     INVOICING AND PAYMENT. The County shall invoice the City for the
Prosecution Services on a monthly basis, and payment shall be due within thirty (30) days of the
date of each invoice. If payment is late, then the invoiced amount shall bear interest at a rate of
one percent (1%) per month, compounded, commencing with the date of the invoice.

       6.      EARLY TERMINATION. Either the City or the County may, at any time,
terminate this Agreement, upon ninety (90) days advance written notice.

       7.       DESIGNATED REPRESENTATIVE. Tony Tague, Muskegon County
Prosecutor, at phone number (231-724-6435) is the representative of County and will administer
this Agreement for and on behalf of County. Bryon Mazade, Muskegon City Manager, at phone
number (231-724-6724) is the authorized representative for City. Changes in designated
representatives shall be made only after advance written notice to the other party.

        8.     NOTICES. Any notice or consent required or permitted to be given under this
Agreement shall be given to the respective parties in writing, by first class mail, postage prepaid,
or otherwise delivered as follows:

          To County:                     Tony Tague, Muskegon County Prosecutor
                                         990 Terrace Street

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                                         Muskegon, Michigan 49442

          To City:                       Bryon Mazade, Muskegon City Manager
                                         933 Terrace Street
                                         Muskegon, Michigan 49443

or at such other address or to such other person that the parties may from time-to-time designate.
Notices and consents under this section, which are sent by mail, shall be deemed to be received
five (5) days following their deposit in the United States mail.

        9.      NONDISCRIMINATION. The County assures that in accordance with Title VII
of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Section 504 of the Rehabilitation Act
of 1973, as amended (29 U.S.C. 794), Title IX of the Education Amendment of 1972, as
amended (20 U.S.C. 1681-1683 and 1685-1686), the Age Discrimination Act of 1975, as
amended (42 U.S.C. 6101 et seq.), the Regulations issued thereunder by the U.S. Department of
Health and Human Services (45 CFR Parts 80, 84, 86, and 91), the Michigan Handicapper’s
Civil Rights Act (1976, P.A. 220), and the Michigan Civil Rights Act (1976, P.A. 453), no
individual shall, on the ground of race, creed, age, color, national origin or ancestry, religion,
sex, marital status, handicap, or other protected characteristic or status, be excluded from
participation, be denied the benefit of, or be otherwise subjected to discrimination or harassment
under any program or activity of the County related to this Agreement.

        10.     NONEXCLUSIVE AGREEMENT. City understands that this is not an exclusive
Agreement and that County shall have the right to negotiate with and enter into contracts with
others relating to the same or similar services as those provided by the County under this
Agreement.

        11.     ASSIGNMENT. Neither the City nor the County shall assign any rights or
transfer any obligations under this Agreement without the prior written consent of the other Party
and any attempt to so assign or so transfer without such consent shall be void and without legal
effect and shall constitute grounds for termination.

      12.     SECTION HEADINGS. The headings of the several sections, and any Table of
Contents appended hereto, shall be solely for convenience of reference and shall not affect the
meaning, construction or effect hereof.

         13.    SEVERABILITY. If any one or more of the provisions contained herein shall for
any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.

      14.      REMEDIES NOT EXCLUSIVE. No remedy herein conferred upon or reserved to
County is intended to be exclusive of any other remedy or remedies, and each and every such
remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy

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given hereunder or now or hereafter existing at law or in equity or otherwise.

      15.     TIME IS OF THE ESSENCE. Time is of the essence in this Agreement and each
covenant and term is a condition herein.

        16.    NO WAIVER OF DEFAULT. No delay or omission of County or the City to
exercise any right or power arising upon the occurrence of any event of default shall impair any
such right or power or shall be construed to be a waiver of any such default or an acquiescence
therein; and every power and remedy given by this Agreement to County or City shall be
exercised from time-to-time and as often as may be deemed expedient in the sole discretion of
County or City, respectively.

        17.     ENTIRE AGREEMENT AND AMENDMENT. In conjunction with the matters
considered herein, this Agreement contains the entire understanding and agreement of the Parties
and there have been no promises, representations, agreements, warranties or undertakings by any
of the Parties, either oral or written, of any character or nature hereafter binding except as set
forth herein. This Agreement may be altered, amended or modified only by an instrument in
writing, executed by the Parties to this Agreement and by no other means. Each Party waives
their future right to claim, contest or assert that this Agreement was modified, canceled,
superseded or changed by any oral agreements, course of conduct, waiver or estoppel.

        18.      SUCCESSORS AND ASSIGNS. All representations, covenants and warranties
set forth in the Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto,
shall be binding upon and inure to the benefit of such party, its successors and assigns.

       19.      NO THIRD-PARTY BENEFICIARY. No person dealing with the County or the
City shall be, nor shall any of them be deemed to be, third-party beneficiaries of this Agreement.
This Agreement is not intended to, nor shall it be interpreted to create a special relationship
between the County or the City and any staff, visitors, residents, or other individuals who may
have business through the County or the City.

        20.     TERMS AND CONDITIONS. The terms and conditions used in this Agreement
shall be given their common and ordinary definition and will not be construed against either
party.

        21.     EXECUTION OF COUNTERPARTS. This Agreement may be executed in any
number of counterparts and each such counterparts shall for all purposes be deemed to be an
original; and all such counterparts, or as many of them as the parties shall preserve undestroyed,
shall together constitute one and the same instrument.

        22.    FILING WITH SECRETARY OF STATE. Pursuant to the Intergovernmental
Transfers of Functions and Responsibilities Act, Act 8 of 1967, MCL 124.531 – 124.536, an
original counterpart of this Agreement shall be filed with the Secretary of State of the State of
Michigan.

          23.       AUTHORITY. All parties to this Agreement warrant and represent that they have

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the power and authority to enter into this Agreement in the names, titles and capacities herein
stated and on behalf of any entities, person, or firms represented or purported to be represented
by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required
by any State and/or Federal law in order to enter into this Agreement have been fully complied
with.

       In Witness Whereof, the parties have executed this Agreement to be effective on the date
executed by County.

                                                              COUNTY OF MUSKEGON


Dated:_____________________                                   By:_________________________________
                                                                    Kenneth Mahoney, Chairperson
                                                                    County Board of Commissioners



                                                              CITY OF MUSKEGON


Dated:_____________________                                   By:_________________________________
                                                                    Steve Warmington, Mayor




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DATE:        07/17/2009

TO:          Honorable Mayor and Commissioners

FROM:        Anthony Kleibecker, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case #: EN090048


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
529 MULDER ST is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.

Case# & Project Address: # EN090048 - 529 MULDER ST

Location and ownership: This structure is located on Mulder between Ellifson
and Jackson Streets and is owned by ALC HOLDINGS.

Staff Correspondence: A dangerous building inspection was conducted on
02/17/09. The Notice and Order to Repair was issued on 02/26/09. On 05/07/09
the HBA declared the structure substandard and dangerous.

Owner Contact: No one was present for the HBA meeting dated 05/07/09. No
permits have been issued, no inspections scheduled and no owner contact.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $16,000

Estimated cost to repair: $10,000 (Exterior only)

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 529 MULDER ST

This is a vacant two story wood frame, single family dwelling that has been boarded for
over 180 days. The building exterior is deteriorating including the roof, siding, and
windows. With no intervention from the property owner this will continue to be a
blighting influence on the neighborhood.
                                  CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
                      DANGEROUS BUILDING INSPECTION
                                REPORT
                                  Thursday, February 19, 2009

Enforcement # EN090048         Property Address 529 MULDER ST
Parcel #24-205-019-0013-00              Owner ALC HOLDINGS

Inspector: Henry Faltinowski

Date completed: 02/17/09

DEFICENCIES:

AREA: Exterior - Uncorrected
#1. Repair damaged roof covering.

Area: Exterior - Uncorrected
#2. Replace rotted open fascia.

Area: Exterior - Uncorrected
#3. Replace damaged siding.


Area: Exterior - Uncorrected
#4. Repair or replace all damaged window frames, windows, door frames
and doors.


Area: Exterior - Uncorrected
#5. Scrape and paint all exterior wood trim or replace.


Area: Exterior - Uncorrected
#6. Provide interior by trade inspectors.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.

Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.

_____________________________                        _______________
Henry Faltinowski, Building Inspector                     Date

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