City Commission Packet 11-10-2009

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  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                 NOVEMBER 10, 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. Clean Indoor Air Regulation Policy. CIVIL SERVICE
  C. Water Rate Adjustments. FINANCE
  D. Consideration of 2010 COLA for Retirees. FINANCE
  E. Control System Annual Software Support. WATER FILTRATION
  F. Request to Deny Acceptance of Three Vacant Lots that were not Sold
     During the Tax Sale for 2009. PLANNING & ECONOMIC DEVELOPMENT
  G. Request for Encroachment Agreement for 1983 Lakeshore Drive –
     Marine Tap Room, Inc. ENGINEERING
  H. Engineering Services to Muskegon Heights. ENGINEERING
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
  A. Laketon Township Intergovernmental Sewer System Maintenance
     Agreement. PUBLIC WORKS
  B. Madison Street Fire Station       Purchase   Request.   PLANNING   &
     ECONOMIC DEVELOPMENT
       C. Acquisition of Property for a Right Turn Radius through Eminent Domain
          Portion of 1813 S. Getty Street. PLANNING & ECONOMIC DEVELOPMENT
   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:     November 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, October 27, 2009.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     OCTOBER 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, October 27, 2009.
Mayor Warmington opened the meeting with a prayer from Pastor Jeffery
Hough from the Angel Community 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.
2009-87 HONORS AND AWARDS:
      A. 2009 Employee Service Awards. CIVIL SERVICE
David Newsome, Civil Service Commissioner, introduced the City employees.
The Mayor and Commissioners thanked them for their years of service.
2009-88 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the October 12th Commission
Worksession, and the October 13th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Donation Program for 2009 Individual Income Tax Returns.     INCOME
         TAX
SUMMARY OF REQUEST: Approval of multiple donation programs for the 2009
income tax returns. Every year our goal is to increase the number of refunds
donated to our designated programs. Last year, 503 taxpayers donated their
refunds to our donation programs for a grand total of $2,540.
For 2009 the three donation programs are Lakeshore Trail Improvements,
Muskegon Recreational Center, and the Downtown Main Street.
FINANCIAL IMPACT: The average amount collected each year is $2,000. Each
donated refund saves the City approximately $1.00 in check fees.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
      C. Request to Amend Encroachment Agreement #2007-23(k) – E. Western
         and Marquette. ENGINEERING
SUMMARY OF REQUEST: WSP on behalf of Federal-Mogul is requesting your
permission to amend agreement #2007-23(k) to install two additional monitoring
wells in the public R-O-W of E. Western and Marquette bringing the total to four
wells at that location. The request was made through the letter dated October
9, 2009, and an encroachment agreement form.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the encroachment agreement subject
to the supplemental conditions.
      D. Rezoning Request for Properties Located at 400 & 410 W. Laketon
         Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 400 and
410 W. Laketon Avenue, from B-4, General Business District to RM-1, Medium
Density Multiple Family Residential District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 15th meeting. The vote was unanimous
with T. Harryman absent.
      F. Amendment to the Zoning Ordinance – Adding Wind Turbine Facilities
         as Special Uses in Business and Industrial Zones.  PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1101, #14, of Article XI,
Section 1201, #11 of Article XII, Section 1301, #13 of Article XIII, Section 1306, #6
of Article XIII, Section 1401, #7 of Article XIV, Section 1501, #5 of Article XV, to
allow “Wind Turbine Facilities” as special land uses in B-2, B-3, B-4, and B-5
business zoning districts and I-1 and I-2 industrial zoning districts.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to include “Wind Turbine Facilities” as special land uses in business
and industrial zones.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their October 15th meeting. The vote was unanimous
with T. Harryman absent.
      G. Revocation of a Neighborhood Enterprise Zone Certificate for 1709
         Pine. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Sabrina Petty is in violation of Sec. 207.781 sec. 11
subsection (4) which states:
      If the owner of the facility fails to make the annual payment of the
      neighborhood enterprise zone tax and the ad valorem property tax
      on the land under the general property tax act, 1893 PA 206, MCL
      211.1 to 211.157, the commission by order shall revoke the
      certificate. However, if payment of these taxes is made before the
      revocation is effective, the commission, upon application of the
      owner, shall rescind the order of revocation. If payment of these
      taxes and any subsequent ad valorem property tax due on the
      facility is made after revocation of the certificate, the commission,
      upon application of the owner, shall reinstate the certificate for the
      remaining period of time for which the original certificate would
      have been in effect.
Sabrina Petty has failed to pay 2009 taxes for the property located at 1709 Pine
Street whose parcel numbers are 24-205-298-0020-00 and 24-946-097-0049-00.
Approval or denial by the City Commission is required and must be forwarded to
the State Tax Commission. Staff sent the owner a letter informing them on
September 21, 2009, giving them until October 2, 2009, to pay the taxes. A
second letter was sent out on October 15, 2009, giving them until October 18,
2009, to pay the taxes or this would go before the City Commission on October
27, 2009, for revocation of the certificate. They remain unpaid.
FINANCIAL IMPACT: The property will no longer be able to take advantage of
the certificate number 97-049 which allowed taxation at 50% of the State
average for a stated number of years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve revocation of the NEZ certificate and have
the Mayor and City Clerk sign the resolution and submit it to the State Tax
Commission.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the Consent Agenda as read minus item E.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
2009-89 ITEM REMOVED FROM THE CONSENT AGENDA:
      E. Vacation of the Southerly 159.5 feet of the Alley Bounded by W. Forest
         Avenue, Sixth Street, W. Southern Avenue and Fifth Street. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the southerly 159.5 feet of the
alley in the City of Muskegon Revised Plat of 1903, Block 427, bounded by W.
Forest Avenue, Sixth Street, W. Southern Avenue and Fifth Street.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the alley with the
condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their October 15th meeting, with the condition that all
utility easement rights be retained. The vote was unanimous with T. Harryman
absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the vacation of the southerly 159.5 feet of the alley bounded by W. Forest
Avenue, Sixth Street, W. Southern Avenue and Fifth Street.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
2009-90 PUBLIC HEARINGS:
      A. Completion of Neighborhood of Choice and Blight Elimination in
         Downtown Muskegon CDBG Grants. FINANCE
SUMMARY OF REQUEST: To hold a required public hearing for the purpose of
receiving public comments on the completion of Neighborhood of Choice and
Blight Elimination in Downtown Muskegon grants. Both grants were funded
through Community Development Block Grant and were administered through
Michigan Economic Development Corporation.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To hold the public hearing to provide for public
comment.
The Public Hearing opened to hear and consider any comments from the
public. No public comments were made.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing and approve the completion of Neighborhood of Choice and
Blight Elimination in Downtown Muskegon Community Development Block
Grants.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
2009-91 NEW BUSINESS:
      A. Revocation of Eight Industrial Facility Tax Exemption Certificates for
         Sappi Fine Paper. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the
City of Muskegon requests that the eight current Industrial Facility Tax Exemption
Certificates for Sappi Fine Paper at 2400 Lakeshore Drive be revoked. The
industrial activity for which the certificate was granted is no longer in production
at this location.
FINANCIAL IMPACT: The business will now be charged the full tax rate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends revocation of the IFT’s.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the revocation of eight Industrial Facility Tax Exemption Certificates for Sappi
Fine Paper.
ROLL VOTE: Ayes:     Gawron, Shepherd,         Spataro,   Warmington,    Wierengo,
           Wisneski, and Carter
            Nays: None
MOTION PASSES
      B. Revocation of Industrial Facility Tax Exemption Certificate for RC
         Productions. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the
City of Muskegon requests that the Industrial Facility Tax Exemption Certificate
for RC Productions at 1756 Lakeshore Drive be revoked. The industrial activity for
which the certificate was granted is no longer in production at this location.
FINANCIAL IMPACT: The business will now be charged the full tax rate.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends revocation of the IFT.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the revocation of the Industrial Facility Tax Exemption Certificates for RC
Productions at 1756 Lakeshore Drive.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION PASSES
2009-92 ANY OTHER BUSINESS: Commissioner Spataro stated that the October
12th issue of Nation’s Cities Weekly had an article reference the CED Committee
Meeting which was held in the City of Muskegon.
Mayor Warmington requested information from staff for the December
Worksession reference mutual aid for Muskegon Heights.
Attorney David Campbell spoke reference the liquor license for Walgreens at
840 W. Sherman.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
reconsider the liquor license request for Walgreens at 840 W. Sherman.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the liquor license request for Walgreen Company at 840 W. Sherman.
ROLL VOTE: Ayes: Gawron, Shepherd, and Spataro
            Nays: Warmington, Wierengo, Wisneski, and Carter
MOTION FAILS
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:37 p.m.


                                          Respectfully submitted,




                                          Ann Marie Becker, MMC
                                          City Clerk
                                       AGENDA ITEM

                                CITY COMMISSION MEETING
                                      November 10, 2009


TO:            Honorable Mayor and City Commissioners

FROM:          Karen Scholle, Civil Service Personnel Director

DATE:          October 23, 2009

RE:            Clean Indoor Air Regulation Policy


SUMMARY OF REQUEST:
        Pursuant to the Muskegon County Clean Indoor Air Regulation, the City is required to
        adopt a policy prohibiting smoking in all enclosed worksites and public places as
        specified in Sections 1005-1007 of the Regulation.


FINANCIAL IMPACT:
        Minimal.


BUDGET ACTION REQUIRED:
        None. Required signage purchased from 2009 budget allocation.


COMMITTEE RECOMMENDATION:
        N/A. The proposed policy meets with the City Manager’s approval.


STAFF RECOMMENDATION:
        Staff respectfully requests City Commission approval of the Clean Indoor Air Regulation
        Policy proposal.
Clean Indoor Air Regulation

Pursuant to the Muskegon County Clean Indoor Air Regulation, Sections 1005-1007, the City of
Muskegon prohibits smoking as follows effective November 9, 2009.

Sec. 1005. Prohibition of Smoking in Public and Private Worksites and Public Places
Smoking is prohibited in all enclosed public and private worksites and public places within
Muskegon County, including, but not limited to, the following places:
         Every room, chamber, place of meeting of public assembly…under the control of any
         board, council, commission, committee, including joint committees, or agencies of
         Muskegon County or any political subdivision of the State of Michigan, to the extent such
         location is subject to the jurisdiction of Muskegon County.

Sec. 1006. Prohibition of Smoking in Places of Employment
         Smoking is prohibited in all enclosed areas within this worksite without exception. This
         includes common work areas, auditoriums, classrooms, conference and meeting rooms,
         private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs,
         restrooms, employer-owned or leased vehicles, and all other enclosed facilities.

Sec. 1007. Prohibition of Smoking near Entrances, Windows and Ventilation Systems
         Smoking is prohibited near entrances, windows and ventilation systems of all worksites and
         public places where smoking is banned by this regulation. A no smoking area which extends
         a reasonable distance from any entrances, windows and ventilation systems to any enclosed
         areas where smoking is prohibited shall be established to ensure that persons entering or
         leaving the building or facility shall not be subjected to breathing tobacco smoke and to
         ensure that tobacco smoke does not enter the building or facility through entrances, windows,
         ventilation systems or any other means. All smoking trash receptacles shall be placed outside
         the no smoking area in order to discourage smoking in these areas.

Enforcement of Policy
Any employee found to be in violation of this policy is subject to disciplinary action up to and
including discharge in the same manner as violations of other City policies.

Complaints
Please bring employee violations of this policy to the attention of the appropriate supervisor, who
is to investigate and take action to resolve the issue.

Anyone not employed by the City and seen violating this policy should be notified of the policy
and asked to extinguish smoking materials or leave the premises. If the individual refuses,
contact a member of management for help.

If the above initial efforts fail to result in compliance and an individual wishes to register a
complaint, please contact the Risk Manager at (231) 724-6724 or contact a member of City
management for assistance. Violators of this regulation investigated by the Public Health-
Muskegon County are subject to fines up to $1,000 as provided for in the regulation.




10/22/2009
Date: November 10, 2009
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Water Rate Adjustments


SUMMARY OF REQUEST:                      The city intends to hold residential/commercial water commodity
charges at current levels for 2010. However, staff is recommending the following minor changes to the city’s
water rate schedule to facilitate operational issues, including implementation of monthly utility billing:

       • Set the delinquent payment penalty to 0% for the period from December 1, 2009 until April 1,
          2010 to allow citizens to become familiar with the monthly billing cycle;

       • Establish credits of $0.75 (each) for participation in the City’s eBill and/or Autopay programs.
          Customers participating in both programs will save $18.00/year;

       • Put into resolution form the longstanding practice of billing non-resident water users not covered
          by separate agreement at two times the City’s water rate.

FINANCIAL IMPACT: The proposed water rate adjustments will facilitate implementation of monthly
billing and facilitate the streamlining of operations by encouraging participation in cost-effective billing and
payment programs.

BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Adoption of the attached fee adjustment resolution.
COMMITTEE RECOMMENDATION: None.
                                         CITY OF MUSKEGON
                                       RESOLUTION NO.________

At a regular meeting of the City Commission of Muskegon, Michigan, held at the City Commission Chambers on
November 10, 2009.

RECITALS

A review of the rates for water service has been accomplished by the City's staff, recommendations received, and
the City Commission has determined that the following rate changes are justified. Accordingly, this resolution is
made for the purpose of maintaining the financial viability of the City's water system.

THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY RESOLVES:

      1. Charges for residential water service shall remain at $1.40 per 100 cubic feet;

      2. Charges for commercial/industrial water service shall remain at $1.40 per 100 cubic feet;

      3. Unless there is a separate agreement specifying a different billing method, non-resident users of the city
      water system will be billed at a rate that is double (2x) the city rate for that class of user.

      4. A monthly credit of $0.75 will be provided to users who agree to receive their water bill via the internet in
      lieu of the City mailing a paper hardcopy.

      5. A monthly credit of $0.75 will be provided to users who agree to have their bill automatically paid via
         direct debit to a bank account or via automatic credit/debit card payment.

      6. Set the delinquent payment penalty at 0% until April 1, 2010 at which time it will reset to the current 10%
         level.

The above changes to be effective January 1, 2010.

This resolution adopted.


YEAS:



NAYS:



CITY OF MUSKEGON

By'

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 13th day of October, 2009 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 an in compliance with Act 267, Public Acts of Michigan, 1976.




                                                                                                      2
Date: November 10, 2009
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Consideration of 2010 COLA for Retirees


SUMMARY OF REQUEST: It is time to consider whether An annual cost of living
adjustment (COLA) should be awarded to city retirees. Under the city’s COLA program,
permanent cost of living increases are made to pensioners retired five years or more. COLA
payments are capped at 75% of the CPI and are payable only when investment performance
exceeds estimates and the COLA is deemed affordable. In 2009, a 0.50% COLA was
granted.

The collapse of the financial markets in late 2008 took a big toll on the City’s pension funds as
noted in the most recent actuarial valuation:

  “The dramatic price declines across the world financial markets in 2008 led to volatility unlike
  any experienced in decades. 2009 has continued to be only somewhat less volatile.…If the
  December 31, 2008 valuation results were based on market value on that date instead of 10-
  year smoothed funding value: i) the funded percent of your entire municipality would be 72%
  (instead of 100%); and ii) your total employer contribution requirement for the fiscal year
  starting January 1, 2010 would be $4,427,460 (instead of $1,084,944). If the investment
  markets do not turn around, employer contribution requirements can be expected to rise.
  MERS is doing everything it can to make sure that if this proves to be the case, the increases
  are incremental as opposed to steep.”

Given the unprecedented economic and investment environment we are in and the severe
market losses suffered by the City’s pension funds, staff is recommending no retiree COLA
be awarded for the year beginning January 1, 2010.

FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Commission action affirming staff’s recommendation
that no COLA increase be granted to City retirees in 2010.




                                                 1
Date:      November 10, 2010
To:        Honorable Mayor and City Commission
From:      Water Filtration Plant
RE:        Control system annual software support



SUMMARY OF REQUEST:
Renewal of the annual customer support for the Wonderware control
system software at the Water Filtration Plant.


FINANCIAL IMPACT:
A one-time cost of $9,946.76


BUDGET ACTION REQUIRED:
None. This item is budgeted.


STAFF RECOMMENDATION:
Staff requests authorization to renew the annual software customer
support agreement at a cost of $9,946.76 for 2010.
                                                    Invoice                                      Date             Invoice #

                                                                                               9/29/2009             16589




Bill To                                                        Ship To

      City of Muskegon                                               City of Muskegon
      Water Filtration Plant                                         Water Filtration Plant
      1900 Beach Street                                              1900 Beach Street
      Muskegon, MI 49441                                             Muskegon, MI 49441
      Attn: Accounts Payable                                         Attn: Robert Veneklasen


               Terms                       Rep                         Due Date                           Ship Via

           Net 30 Days                      IS                        12/30/2009                            UPS

       Item Code                                 Description                           Qty     Price Each         Amount
10-7001R                 Wonderware Customer First - Standard Level - Renewal          1          11,279.83          11,279.83
                         - Renewal of CS#25852 through 12/31/2010
                         - Includes SN#440268-9, 448537-6, 448539-6,
                         448540-7, 448541-6, 448542-7, 448543-6, 605928-4,
                         605929-4, 608118-4, 608119-4, 752316-5, 777458-0,
                         976222-0

Disc-Sup&Trn             Discount, Support & Training - Valid only if PO is received                 -1,025.44       -1,025.44
                         by 12/30/09

06-6971                  CD, Wonderware Development Studio                             1                 0.00             0.00T
                         Includes: System Platform 3.1, InTouch 10.1 English,
                         Device Integration, Active Factory 9.2, Historian Server
                         9.0, Information Server 3.1, HMI Reports 3.4, MS SQL
                         Server 2005 and MS SQL Server 2005 SP2

3% Discount - CF         We are offering an ADDITIONAL 3% discount for                                -307.63          -307.63
                         payments received by December 30, 2009.

WonderWorld Info         WonderWorld 2009 is evolving to become OpsManage'09,                                             0.00
                         delivering even more value with hands-on training and
                         expert advice. One of the best investments you'll make
                         this year!

                         For more information, complete agenda and online
                         registration, visit
                         http://opsmanage.wonderware.com/sites/na2009.
                         Register by September 30th for the early bird discount.




Remit To:Wonderware Central                                                            Sales Tax (6.0%)                 $0.00
8465 Keystone Crossing
Suite 200                                                                              Total                         $9,946.76
Indianapolis, IN 46240
                                                                                       Payments/Credits                 $0.00

                                                                                       Balance Due                   $9,946.76
                                 MEMORANDUM

                                     10/26/09

TO:          M. AL-SHATEL, DEPUTY DIRECTOR

FROM:        R. VENEKLASEN, WATER FILTRATION

RE:          WATER PLANT CONTROL SYSTEM SOFTWARE ANNUAL
             SUPPORT CONTRACT


The control system software at the Water Filtration Plant is a product by Invensys
called Wonderware. This software has been the heart of the plant control system
since its inclusion in the Instrumentation and Control System Improvements
project in 1993. This is a robust operating platform that is still viable and has
subsequently been adopted by many water plants in West Michigan and
elsewhere. Wonderware operates as a layer on top of Microsoft Windows. Most
importantly it interfaces seamlessly with MS Excel so we can generate reports in
a spreadsheet format.

The control system software has two values; one is the cost of the operating
system the second is the configuration of the software to meet the specific needs
of the facility. This software has been continually improved and has added
features (tools) that have enhanced the plant operation. However the
configuration of the software to meet the specific needs of our facility is the
greatest investment.

In order to take advantage of the improvements to the software over the years
we have subscribed to the annual technical support offered by Wonderware
through its representatives – currently Wonderware Central. This subscription
also allows us, or our consultant, to obtain solutions to problems or guidance in
configuring new aspects or applications within our system at no cost. Over the
years the cost of the annual support has varied as displayed below:

      Year                        Annual Support Cost
      2000                             $7,200.00
      2001                             $6,840.00
      2002                             $7,605.00
      2003                             $5,036.03
      2004                             $6,100.00
      2005                             $7,411.25
      2006                             $8,565.50
      2007                             $10,186.75
      2008                             $8,565.50
      2009                             $10,221.23
There are various reasons for the ups and downs for the cost of this service but
typically the cost increases are associated with significant improvements, or
changes, in the software - especially as it relates to changes in Microsoft
Windows and Microsoft Excel. For example; our system began with Windows
3.1 and has evolved through Window 95, Windows 98, Windows 2000 and is
now facing Windows Vista, the latest office suite offering, and Server 2008.

The peril of not purchasing the annual support is when the need to update the
Control software arises. It is more costly to purchase the upgraded software than
to have maintained the support and received the updates by virtue of the support
subscription. Currently the cost to upgrade the software without a support
agreement is over $35,000.00 to purchase the software package if we are in
need of an update.

I have spoken with the City’s IT Director, Jim Maurer who indicated that changes
to the City’s file server application could occur within the coming three years –
requiring the expenditure to upgrade the plant operating system. I have also
spoken to Gerald Caron, City of Wyoming water treatment plant about their
approach to annual support. Jerry indicates they purchase annual support for
the upgrades and as insurance for product updates.

With the likelihood of software changes within the upcoming three years; it is my
recommendation that we continue to purchase the control system annual
software support for 2008 from Wonderware Central at a cost of $9,946.76.
Date:        November 10, 2009
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Request for Encroachment Agreement
             1983 Lakeshore Dr. – Marine Tap Room, Inc.




SUMMARY OF REQUEST:
Marine Tap Room, Inc. has submitted the attached encroachment agreement form
requesting your permission to place a sign on their property which will extend over public
sidewalk (see attached picture).

FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
To approve the encroachment agreement with the supplemental conditions.

COMMITTEE RECOMMENDATION:
                            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.
                                2’6”   8’0”




14’10” overall height    4’6”




                                              4’6”

                        10’




                                                 Marine Tap Room
                                                 1983 Lakeshore Drive
                                                 Muskegon MI 49441
                                                 10/9/09


                                                     Terry Hancock
To:         Honorable Mayor and City Commission
From:       Engineering
Date:       11/10/09
RE:         Engineering Services to Muskegon Heights


SUMMARY OF REQUEST:
Authorize staff to negotiate an engineering services agreement with Muskegon
Heights to survey, design and provide construction oversight for the
reconstruction of Getty Street.
Furthermore; should the City Manager and Attorney find the agreement
acceptable; the Manager be authorized to execute said agreement.


FINANCIAL IMPACT:
None at this time.


BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Authorize staff to negotiate and execute the agreement.
Date:        October 28, 2009

To:          Honorable Mayor and City Commission

From:        Department of Public Works

RE:          Laketon Township Intergovernmental Sewer
             System Maintenance Agreement




SUMMARY OF REQUEST: Approve the attached agreement between
Laketon Township and the City of Muskegon DPW to enter into a Sewer
system Operation and Maintenance Agreement.


BUDGET ACTION REQUIRED: NONE


STAFF RECOMMENDATION: To approve the agreement and authorize
the Mayor and Clerk to sign

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