City Commission Packet 06-13-2000

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                                JUNE 13, 2000
          CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                      AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
                 a. Muskegon Promise Program
                 b. Gloria White-Gardner
•   ROLL CALL:
•   HONORS AND AWARDS:
                 a. MML Level One Education Award.
                 b. Resolutions & Recognition
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. SECOND READING/Ordinance - Public Employee Health Care
                    Investment Act. FINANCE
                 c. Consideration    of   Bids   -   Roberts,   Lawrence    to   Wesley.
                    ENGINEERING
                 d. Sale of Non-Buildable Lot in Sheldon         Park.     PLANNING   &
                    ECONOMIC DEVELOPMENT
                 e. Refuse Cart Purchase 2000. DPW
                 f.   Purchase of Budgeted Eguipment for 2000. DPW
                 g. Purchase of Property from West Michigan Steel for the Muskegon
                    Lakeshore Pathway. PLANNING & ECONOMIC DEVELOPMENT
                 h. Muskegon Summer Celebration - Reguest to Waive Fees.            CITY
                    MANAGER
                 i.   Knight Consulting - Revised Agreement. CITY MANAGER
                 j.   Liability Claim - Marine Tap Room/Steve Warmington .. FINANCE
•   PUBLIC HEARINGS:
                      a. SECOND READING - Rezoning Request for property located at 211
                         Irwin Ave. PLANNING & ECONOMIC DEVELOPMENT
•   COMMUNICATIONS:
                      a. Census 2000 Presentation
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
•   NEW BUSINESS:
                      a. Purchase cisco PIX Hardware Firewall for the Police Comouter
                         Network. POLICE
                      b. Purchase of Tax Reverted Prooerties from the DNR.                               PLANNING &
                           ECONOMIC DEVELOPMENT
                      c. Amendment to Brownfield Plan - Set Public Hearing. PLANNING &
                           ECONOMIC DEVELOPMENT
                      d. Fireworks Display Permit - Summer Celebration. CITY CLERK
                      e. Fireworks Display - GVSU@ 740 Lakeshore. CITY CLERK
                      f.   City Commission 2000-2001 Goals. ASSISTANT CITY MANAGER
•   ANY OTHER BUSINESS:
•   PUBLIC PARTICIPATION:
•   CLOSED SESSION:
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   Be recognized by the Chair.
•   Step foiward 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.)
•   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 GAIL A KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MusMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date:     June72000
To:       Honorable Mayor and City Commission
From:     Gail A. Kundinger, City Clerk
RE:       Resolution




SUMMARY OF REQUEST: Present Resolution to Commissioner Clara
Shepherd for receiving the MML Level One Award for Education.

FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Approval of the request.

COMMITTEE RECOMMENDATION: No recommendation.
WHEREAS, the City of Muskegon wishes to congratulate one of our City
         Commissioners for attaining Level One of the Michigan Municipal
         Leagues Elected Officials Academy, and

WHEREAS, this award recognizes outstanding efforts made by this elected official, and

WHEREAS, the Michigan Municipal League Elected Officials Academy is a voluntary
         continuing education program established to encourage and recognize the
         efforts oflocal elected officials to become effective leaders, and

WHEREAS, Level One of the Academy is the Education Award, and the individuals
         graduating from Level One have completed five Conference Credits, eight
         Core course credits and twelve elective credits for a total of twenty five
         credits in the Academy, and Commissioner Shepherd has completed all of
         these credits to attain Level One of the Academy.

NOW, THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the City
of Muskegon and speaking on behalf of the City Commission and citizens of Muskegon,
do hereby set aside June 13, 2000 to recognize Commissioner Clara Shepherd for
successfully completing all the requirements as set forth by the MML Elected Officials
Academy Advisory Board for the Level One Education Award.


                                   IN WITNESS WHEREOF, I hereunto set my
                                   hand and cause the seal of the City to be affixed this
                                   13 th day of June, 2000.


                                   Fred J. Nielsen, Mayor
                        Commission Meeting Date 6/13/00


TO:          Honorable Mayor and City Commissioners

FROM:        Community Relation Committee

DATE:        June 6, 2000

RE:          Resolutions and Recognition

Summary ofRequest:

To Concur with the actions of the Community Relation Committee

Financial Impact:

None

Budget Action:

None

Staff Recommendation:

Staff Recommends Approval

Committee Recommendation:

This item will be decided@ the City Commission Meeting on 6/13/00
                     Community Relation Committee Meeting
                                   Minutes

                                         6/5/00



                  ·, Spataro, Shepherd

Not Present:
Benedict w/ notice, Sc weifler w/ notice, Aslakson w/ otice

Others Present:
Staff - Ken James
Media - Beth Diser
General Public

Meeting Called to Order @ 5: l 5pm \ , .

Motion and second to approve the minut~       ·om the May 2000 meeting, carried

Action Items:

Motion by Maym: ielsen and second by Vice Mayor Sie adzki to accept the
attendance rev· was submitted, carried

Motion b Commissioner Spataro and second by Mayor Nielsen to · fer to the
Legis ·ve Policy Committee changing the Meeting time for the CDBG-~ itizen
Dis t Council from upon demand to regularly schedule monthly meeting,
ca 1ed (CNS staff requested to attend that meeting)

Motion by Mayor Nielsen and second by Commissioner Spataro to honor Julia
Sands with a resolution for all of dedication, hard work and volunteerism for the
City of Muskegon, carried

Motion by Vice Mayor Sieradzki and second by Mayor Nielsen to recognize the
Muskegon Youth Clean-up effort that took place on 6/2/00, carried
                                                             Q!ity nf


                                                         UJllttJUU


                                 j
                          ·l~:li'.'
                         ·· E:kEAS you have set a fine example for residents and young people in our
                   'J                 '
                                   con_un~ty to follow. We thank you for making Muskegon a nicer place
    .·. . ~ l                             to hve.                                        .           .
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      I,

                                THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the
  · .\,j, J                               City of Muskegon and speaking on behalf of the City Commission and
  ('.' J!,c,f/                            citizens of Muskegon, do hereby set aside June 13, 2000 to recognize Julia
  ·;;i.,,,;._(f.:l',f:                    Sands for her many contributions to our great City.
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                                                                IN WITNESS WHEREOF, I hereunto set my
                                                                hand and cause the seal of the City to be affixed
                                                                this 13 th day of June, 2000.


                                                                       Fred J. Nielsen, Mayor
WHEREAS, the City of Muskegon wishes to thank Elizabeth Blake Evans for assisting
         with the Muskegon Youth Clean-up effort that took place on June 2, 2000;
         and

WHEREAS, the event provided an opportunity for youth in our City to volunteer their
         time and understand what it means to give back to our community, while
         achieving a meaningful result to their efforts. These examples of positive
         works provide our youth with pride and a sense of accomplishment that
         will carry them well into their future roles as citizens and, at the same
         time, make Muskegon more attractive to residents and visitors, alike; and

WHEREAS, The Muskegon Youth Clean-Up would not have been successful without
         the supervisory efforts and assistance of the adult volunteers. Your
         contribution was invaluable and we want to extend our appreciation and
         thanks to you for making this project a success:

NOW, THEREFORE, BE IT RESOLVED, that I, Fred J. Nielsen, Mayor of the
         City of Muskegon and speaking on behalf of the City Commission and
         citizens of Muskegon, do hereby set aside June 13, 2000 to recognize
         Elizabeth Blake Evans for assisting in the Muskegon Yonth Clean-Up and
         for helping to make Muskegon a nicer place to live.

                                   IN WITNESS WHEREOF, I hereunto set my
                                   hand and cause the seal of the City to be affixed
                                   this 13 th day of June, 2000.


                                          Fred J. Nielsen, Mayor
Date: May 23, 2000
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Public Employee Health Care Investment Act (PA 149 of 1999)


SUMMARY OF REQUEST: To take actions implementing provisions of the
"Public Employee Health Care Investment Act (PA 149 of 1999). This act authorizes
the City to create a new fund for the accumulation and investment of funds to provide
for retiree health benefits. The following actions are requested:
1.   Adoption of the attached resolution establishing the "Employee Health Care Fund" in accordance
     with PA 149;

2.   Adoption of the attached amendments to both the General Employees' and Police and Fire
     Retirement System ordinances which "freezes" the current method of retiree healthcare funding
     and provides for future retiree healthcare funding to be done through the new fund.

FINANCIAL IMPACT: None. The City of Muskegon has long been pre-funding
retiree healthcare benefits in much the same manner as PA 149 provides. Adoption
of PA 149 provides a firmer legal foundation for pre-funding and investing retiree
healthcare assets.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Approval.

COMMITTEE RECOMMENDATION: The City's pension boards will meet on
May 19th to consider this issue.




9/18/97                                                                                               1
                                                                       Finance
                                                                       Administration




Memo
 To:        City Commis i6n
 From:
 CC:
 Date:      05/12/00
 Re:        Public Employee Health Care Investment Act (PA 149 of 1999)



 The "Public Employee Health Care Fund Investment Act" became effective November 1, 1999. This
 act permits the City Commission to establish a public employee health care fund for the accumulation
 and investment of funds to provide for the funding of health care benefits to retired employees of the
 City and their beneficiaries. The important provision of this act is that it specifically permits investments
 in corporate stocks and other investments appropriate for funding long-term retirement benefits. Prior
 to this act, investments were restricted to "low risk/low yield" instruments unless funding and investing
 were administered through the pension funds.

The City of Muskegon has long recognized the importance of pre-funding retiree healthcare benefits in
the same manner as regular pension benefits are funded. Annually (since 1986) an annual actuarial
valuation of the City's post retirement health benefits has been conducted. Additionally, in 1987
reserve accounts for retiree health benefits were added by ordinance to the City's pension funds for the
purpose of accumulating and investing retiree healthcare funds along with the City's regular pension
funds. As of December 31, 1999, the following amounts had accumulated in these reserves:

                                    General Employees'        $3,161,322

                                   Police & Fire              $3,316,300

Staff believes that PA 149 affirms the wisdom of pre-funding retiree healthcare benefits and provides a
stronger statutory foundation than exists for the City's current practice of funding these benefits through
the pension funds. Accordingly, it is recommended the following actions be taken:

 1.    Adoption of the attached resolution establishing the "Employee Health Care Fund" in accordance
       with PA 149;

2.     Adoption of the attached amendments to both the General Employees' and Police and Fire
       Retirement System ordinances which "freezes" the current method of retiree healthcare funding
       and provides for future retiree healthcare funding to be done through the new fund.

 Please let me know if you have any questions. Thank you.




 • Page 1
                                        CITY OF MUSKEGON

                                        Resolution No. · 2000 58(b)

     At a regular meeting of the City Commission of Muskegon, Michigan, held at the City
Commission Chambers on •l11ne ..13_, 2000.

         A resolution to establish the Employee Health Care Fund

                                               Recitals

        WHEREAS, City of Muskegon has committed to provide post-retirement health benefits
to certain employees;

        WHEREAS, City of Muskegon began to actuarially fund post-retirement health benefit
obligations;

        WHEREAS, City of Muskegon has contributed to the Police-Fire Retirement System and
the General Employees Retirement System for purposes of setting aside reserves for
post-retirement heal th costs; and

       WHEREAS, the state has recently adopted the Public Employee Health Care Fund
Investment Act, Public Act 149 of 1999.

     NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF MUSKEGON
HEREBY RESOLYES:

         I.      Establishment of Funds.

The City of Muskegon hereby establishes the City of Muskegon Employee Health Care Fund.
The purpose of this fund is to accumulate assets sufficient to pay for post-retirement health
benefits. The intent is to set sufficient funds aside, on a regular basis, and to hold those assets for
the sole purpose of satisfying payment of health care benefits for retired employees of the City
who are eligible for benefits pursuant to the appropriate collective bargaining agreement or as
specified by the City Commission.

        2.       Administration.

2. l    The City Treasurer is hereby designated as the investment fiduciary and shall be the
custodian of all funds of the City of Muskegon Employee Health Care Fund. The Treasurer shall
keep records consistent with appropriate governmental requirements reflecting assets and liability
of the fund and providing such information, as requested, to the City Commission.



H:\LIB\EDSl\00100\1398\RESOLUl\042500
2.2    The City Treasurer shall have an actuarial valuation performed at least every five years.
The valuation shall value the assets on a market related basis. The actuarial valuation shall be
transmitted to the City Commission, unless a summaty annual report is provided.

         3.      Funding.

The City shall make contributions to the fund as the City Commission deems appropriate.

         4.      Investment.

The investment fiduciary shall invest funds held by the City of Muskegon Employee Health Care
Fund. The City Treasurer shall invest the funds consistent with the investment policies adopted
by the General Employees Retirement System Board of Trustees. The investments must be
consistent with the investment of surplus funds of political subdivisions, being MCLA §129.91
and the Public Employee Retirement System Investment Act, being MCLA §38.1133.

        This Resolution adopted this 13th day of , ti 1oe      ,   2000.

YEAS:         Spataro, Aslakson-, Beoedi ct, Ni el sea, Scb1r,1ei fJ er , Sbepherd, Sier ad:zki

NAYS:     None
         -- ----------------------------
ABSENT:
              -None
                ----------------------------




                                         CERTIFICATION


STATE OF MICHIGAN
COUNTY OF MUSKEGON

        I hereby certify that the forego1ng is a true and complete copy of a resolution adopted at a
meeting of the City Commissionei·s of the City of Muskegon, Michigan, held on the           13th day of
           June                    , 2000, and that the minutes of the meeting are on file in the office

and in compliance with Act 267, Public Acts of Michigan, 19.76.       Q,.   L
of the City Clerk and are available to the public. Public notice of the meeting was given pursuant to




H:\LIB\EDSl\001 00\1398\RESOLUn042500
                                                    CITY OF MUSKEGON

                                         MUSKEGON COUNTY, MICHIGAN

                                                  ORDINANCE NO.               2022

       An ordinance amending Appendix A of the Code of the City of Muskegon concerning
Police-Fire Retirement System Ordinance.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

           1.        Sections 38.4. Sections 38.1 through 38.3, inclusive shall be applicable only to
                     the extent of funds already deposited. All future contributions shall be credited to
                     the Employee Health Care Fund. All post-retirement health benefit payments, as
                     to retirents of this plan, shall be paid from monies held pursuant to Sections 38.1
                     through 38.3 until such point in time as there are no assets left at which point the
                     expenses will be paid from the Employee Health Care Fund.

          In all other respects Appendix A of the Code of the City of Muskegon shall remain in full
force and effect.

This ordinance adopted:

          Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
          Nays:_,,...No,._,n-'-"e'---------------------------

Adoption Date: _ ....
                  J=un""'"'e=------=1=3""'-"2=0=0,..,.0'------
Effective Date:_--=-J=u=ly..........:1::....i,---=20=-0=o=--
                                                         · ·_ _ _ __
First Reading:              May 23, 2000
Second Reading:             June 13, 20U0


                                                                       CITYOF~SKEGON~                 .

                                                                       By:     ~ Q,
                                                                             Gail A. Kundinge~
                                                                                                 ~r-u
                                                                             City Clerk

                                                         CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 13th day of         June             , 2000, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public

G:\COMMON\5\JCS\C-POL-FI.OR2
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.

DATED: -~J~un~e~13~_, 2000


                                         Gail A. Kundinger, CMC/AAE
                                         Clerk, City of Muskegon

Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.




G:\COMMON\5\JCS\C-POL-FI.OR2
                                            City of Muskegon
                                      Muskegon County, Michigan

                                         ORDINANCE NO. _2!223

The City Commission of the City of Muskegon hereby ORDAINS:

      Appendix B of the Code of Ordinances of the City of Muskegon concerning the General
Employees Retirement System is amended as follows:

1.       Section 25.4. Sections 25.1 through 25.3, inclusive shall be applicable only to the extent of
         funds already deposited. All future contributions shall be credited to the Employee Health
         Care Fund. All post-retirement health benefit payments, as to retirants of this plan, shall be
         paid from monies held pursuant to Sections 25.1 through 25.3 until such point in time as
         there are no assets left at which point the expenses will be paid from the Employee Health
         Care Fund.

This ordinance adopted:

         Ayes: Spataro, Aslakson , Benedict. Nielsen , Schweifler, Shepherd, Sieradzki
         Nays: None

Adoption Date:         June 13    2000
Effective Date:        July 1, 2000
First Reading:         May 23, 2000
Second Reading:        June 13    2000


                                                      CITY OF MUSKEG~N         I
                                                      By: ~ Q ~
                                                          Gail A. Kundinger
                                                          City Clerk

                                            CERTIFICATE

   The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a trne and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on
the 13th day of           June          , 2000, at which meeting a quornm was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of Muskegon.
I further certify that the meeting was conducted, and public notice was given, pursuant to and in full




     G:\COMMON\5\JCS\C-GERS.25
compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were
kept and will be or have been made available as required thereby.

DATED:      June 13       , 2000


                                           Gail A. Kundinger, CMC/AAE
                                           Clerk, City of Muskegon

Publish: Notice of Adoption to be published once within ten (10) days of final adoption.




  G:\COMMON\5\JCS\C-GERS.25                     2
                                                      Act No. 149
                                                  Public Acts of 1999
                                              Approved by the Governor
                                                  November 1, 1999
                                           Filed with the Secretary of State
                                                  November 1, 1999
                                        EFFECTIVE DATE: November 1, 1999




                                            STATE OF MICHIGAN
                                             90TH LEGISLATURE
                                      REGULAR SESSION OF 1999
 Introduced by Senators Bullard, Dunasldss, Hammerstrom and Jolmson


  ENROLLED SENATE BILL No. 587
   AN ACT to provide for the creation of public employee health care funds; to provide for the administration of the
funds; to authorize the investment of the assets of the funds or trusts; and to prescribe the powers and duties of
investment fiduciaries and certain p~1blic officers and employees.

                                       The People of the State of Michigan enact:

    Sec. L This act shall be lmown and may be cited as the "public employee health care fund investment act".

    Sec. 2. As used in this act:
   (a) "Fund" means a public employee health care fund created pursuant to this act and used for the accumulation and
investment of ftmds for the purpose of funding health care for retired employees of the public corporatioJL
   (b) "Investment fiduciary'' means a person or persons who do any of the following:
   (i) Exercises any discretionary authority or control in the investment of the fund's or trust's asseL<;.
   (ii) Renders 'investment advice to a fund or trust for a fee or other direct or indirect compensation.
    (c) "Public corporation" means any county, city, village, township, authority, district, board, or: commission in this
state.
   (d) "Qualified person" means a person or group _of persons who are eligible to receive health care benefits and who
are designated as a qualified person by the public corporation.
   (e) "Trust" means a trust created under the authority of a state or federal law for the purpose of funding retiree
health care benefits.

   Sec. 3. The legislative body of a public corporation may adopt a resolution establishing a public employee health care
fund for the purpose of accumulating funds to provide for the funding of. health care benefits to retirants and
beneficiaries of retir,mts of the public corporation. Money for the payment of health care benefits for retired employees
of the public corporation may, at the discretion of the public corporation, be provided from this fund or any other fund
or trust. The resolution shall include all of the following:
   (a) The designation of a person or persons who shall act as the fund's investment fiduciary.
   (b) A restriction of withdrawals from the fund solely for the payment of health care benefits on behalf of qualified
persons and the payment of the expenses of adm-inistration of the fund.
   (c) The designation of who is a qualified person for purposes of paynient of health care benefits from the fund.
   (d) A determination of whether the fund will be established on an actuarial basis.

                                                                                                                      (77)
    Sec. 4. _An investment fiduciary shall invest the assets of the fund in accordance with an investment policy adopted
by the governing body of a public corporation and that complies with section 13 of the public employee retirement
system investment act, 1965 PA 314, MCL 38.1133. However, the investment fiduciary shall discharge his or her duties
solely in the interest of the public corporation. The public corporation may invest the fund's assets in the investment
instruments and subject to the investment limitations governing the investment of assets of public employee retirement
systems under the public employee retirement system investment act, 1965 PA 314, MCL 38.1132 to 38.1140.

    Sec. 5. The legislative body of a public corporation may, by resolution, allow a trust to invest the assets of the trust
in accordance with the public employee retirement system investment act, 1965 PA 314, MCL 38.1132 to 38.1140. The
resolution shall include the following:
    (a) A statement of the authority under which the trust is established.
    (b) Approval to invest the assets of the trust in accordance with the public employee retirement system investment
act, 1965 PA 314, MCL 38.1132 to 38.1140.
    Sec. 6. 'fhe investment :fiduciary shall have_an actuarial review of the fund or trust prepared at least every 5 years
with assets valued on a market related basis. The investment fiduciary shall prepare and issue a summary annual report
to the legislative body of the public corporation that established the fund or trust.

    'l'his act is ordered to take immediate effect.




                                                                               Clerk of the House of Representatives.


Approved _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __




                                              Governor.




                                                                                                                    t:J>t.Rocyc!od
                                                                                                                    "(J;JPapor
2
                                                        law offices of         PARMENTER O'TOOLE
                                                    175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
                                                          Phone 231.722.1621 • Fox 231.722.7866 or 728.2206




                   May 10, 2000
                                                                                              HAND DELIVERY

                   Mr. Timothy Paul
                   Finance Director
                   City of Muskegon
                   P.O. Box 536
                   Muskegon, MI 49443-0536

                   Ms. Sandra W. Rodwan
                   Gabriel, Roeder, Smith & Company
                   1000 Town Center, Suite 1000
                   Southfield, MI 48075

                   Re:           City of Muskegon Employee Health Care Fund

                   Dear Mr. Paul:

                   Enclosed please find the following revised documents:

                    1.           Ordinance Amendment, with Notice of Adoption, to the Police-Fire Retirement System
                                 Ordinance dealing with the City of Muskegon Employee Health Care Fund;

                   2.            Ordinance Amendment, with Notice of Adoption, to the General Employees Retirement
                                 System Ordinance dealing with the City of Muskegon Employee Health Care Fund;

                   3.            Resolution establishing the Employee Health Care Fund.

                   I look forward to comments relating to the resolution and changes to the resolution.



                (\~:7t
                ,~    C. Schrier
                  JCS:mmf

                   Enclosures




                     G. Thomas Johnson     John C. Schrier        Jomes R. Scheuerle    Of Co1111se/        Retired              Poul T. Sorensen
                     George D. Von Epps    Christopher L. Kelly   Keith L. McEvoy       Thomas J. O'Toole   Robert L. Forsythe   1920-1966
                     John M. Briggs, Ill   Lindo S. Koore         Anno K. Urick         Eric J. Fouri       Arthur M. Rude       George A. Parmenter
                     Michael L. Rolf       Philip M. Staffon      Scott R. Sewick                                                1903-1993
                                                                                                            Harold M. Street
                     George W. Johnson     William J. Meier       Jennifer L. Hyllond                                            Cyrus M. Poppen
                     W. Brod Groom                                Jeffery A Jacobson                                             1903-1996

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                                     CITY OF MUSKEGON
                                    NOTICE OF ADOPTION


TO: ALL PERSONS INTERESTED


       Please take notice that on ,  7ivzt>,
                                           [3 , 2000, the City Commission of the City of
Muskegon adopted amendments to Appendix A of the Muskegon City Code concerning the
Police and Fire Retirement System, summarized as follows:

        1.     Section 38.4 is adopted to provide that Sections 38.1, 38.2, and 38.3 shall have
               no further monies deposited in the reserve for post-retirement health contributions
               and the reserve for post-retirement health benefit payments. All future monies
               shall be deposited in the Employee Health Care Fund.

        Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.

       This ordinance amendment is effective ten (10) days from the date of this publication.

                                               CITY OF MUSKEGON

Published ,   hto e     c2/ ,2000              By_ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                  Gail A. Kundinger, Its Clerk

----------------------------------------·---------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PAS SAGE.




G:\COMMON\5\JCS\C-P&F-RT.N04
                                     CITY OF MUSKEGON
                                    NOTICE OF ADOPTION


TO: ALL PERSONS INTERESTED


      Please take notice that on    \.Loe /
                                          :3 , 2000, the City Commission of the City of
Muskegon adopted amendments to Appendix B of the Muskegon City Code concerning the
General Employees Retirement System, summarized as follows:

       1.        Sections 25.4 is adopted to provide that Sections 25.1, 25.2, and 25.3 shall have
                 no further monies deposited in the reserve for post-retirement health contributions
                 and the reserve for post-retirement health benefit payments. All future monies
                 shall be deposited in the Employee Heath Care Fund.


        Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.

       This ordinance amendment is effective ten (10) days from the date of this publication.

                                               CITY OF MUSKEGON

Published   r   hm (, 62/ ' 2000               By_ _ _ _ _ _ _ _ _ _ _ _ _ __
                                                 Gail A. Kundinger, Its Clerk

                --------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.




G:\COMMON\5\JCS\C-GERS.NOA
Date:         June 13, 2000
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:          Consideration of Bids
             Roberts, Lawrence to Wesley


SUMMARY OF REQUEST:

The contract to construct Roberts between Lawrence & Wesley, using the asphalt bid, be
awarded to Jackson Merkey Contractors, Inc. since they were the lowest, see bid
tabulation, responsible bidder with a bid price of $123,941.10.

FINANCIAL IMPACT:

The construction cost of $123,941.10 plus related engineering expenses.



BUDGET ACTION REQUIRED:
None.



STAFF RECOMMENDATION:

Award the contract to Jackson Merkey Contractors, Inc.



COMMITTEE RECOMMENDATION:
t.   •   j




             UNUAL HO :
                                        BID TABULATION FOR H-1508 ROBERTS STREET, LAWRENCE TO WESLEY (ASPHALT)
                                                                                           23-May-00
                                                                                       I
                                                                                              ENGINEERS ESTIMATE                 JACKSON-MERKEY CONTRACTORS:             ASPHALT PAVING, INC.
      i                    DISCRIPTION                            QUANTITY    UNIT     1
                                                                                             PRICE           TOTAL PRICE           PRICE            TOTAL PRICE         PRICE        TOTAL PRICE
    1 iAOJUST DRAINAGE STRUCTURE COVER                               9        EACH            $400.00              $3,600.00          $395.00             $3,555.00 I     $400.00          $3,600.00
    2   IAGGREGATE BASE COURSE, 22A, 6" C.I.P.                      3030      S.YO.             $5.00             $15,150.00            $6.40            $19,392.00         $7.00         $21,210.00
    3   iAGGREGATE SURFACE COURSE, 23A, AS NEEDED                    10       TON              $30.00                $300.00           $23.00               $230.00'       $25.00j           $250,00i
    4   IBIT. MIXTURE 3C@ 165#/S.Y.                                 265       TON              $50.00             $13,250.00           $40.60            $10,759.00        $41.00         $10,865.00
    5   jSIT. MIXTURE4C@ 165#/S.Y.                                  265        TON I           $60.00             $15,900.00 I         $43.50            $11,527.50        $44.00         $11,660.00
    6    CATCH BASIN CASTING EAST JORDAN #7045 OR EQUAL              4        EACH            $500.00              $2,000.00          $495.00             $1,980.00       $500.00          $2,000.00
    7 CATCH BASIN, STANDARD                                          4         EACH          $1,500.00             $6,000.00        $1,375.00             $5,500.00     $1,500.00          $6.000.00
    8 CONCRETE APPROACH, 6", STANDARD                               123        S.YD ....        $30.00             $3,690.00           $28.75             $3,536.25        $30.00          $3,690.00
    9 CONCRETE CURB AND GUTTER. STANDARD DETAIL 1                   1952       L.FT.            $10.00            S19,520.00            $8.60            $16,787.20        $10.00         $19,520.00
. 10 CONC. SIDEWALK 4"                                              805        S.FT .            $2.50             $2,012.50 !          S2.20             $1,771.00         S5.00          $4,025.00
I 11     CONC. SIDEWALK 6"                                          310        S.FT.             $3.50             $1,085.00            $3.25             $1,007.50         $5.00          $1,550.00
  12     CORPORATION STOP, 1"                                        2         EACH            $150.00               $300.00          $235.00               $470.00i      $250.00            $500.00
! 13    .CURB STOP AND BOX, 1"                                       2         EACH            $200.00               $400.00 i        $275.00               $550.00       $300.00            $600.00
i 14     EXCAVATION                                                 1186       C.YD.            $12.00            S14,232.00 i         $12.35            $14,647.10        $13.00         $15,418.00
!   15 MANHOLE CASTING EAST JORDAN #1000 OF EQUAL                     1        EACH            $400.00               $400.00 !        $490.00               $490.00       $500.00            $500.00 I
' 16 MANHOLE, STANDARD, O' TO 10' DEEP, 4' 1.0.                       1        EACH          $1,500.00 ,           $1,500.00        $1,680.00             $1,680.00     $1,800.00          $1,800.00
  17 PREPARED TOP SOIL AND SEED, CLASS A                            2400       S.YD.             $2.50 !           $6,000.00            $2.70             $6,480.00         $3.00!         $7,200.00
                                                              '
    18 RECONSTRUCTING RECONSTRUCT DRAINAGE STRUCTURE          !      7         V.FT.           $150.00 !           $1,050.00          $445.00             $3,115.00       $450.00          $3,150.00
  19     REMOVING CONCRETE CURB                                     32         L.FT.   I        S10.00               $320.00            $9.00               $288.00        $10.00            $320.00
  20     REMOVING GUARD RAIL                                        55         L.FT.            $10.00               $550.00           $11.50               $632.50        $12.00            $660.00
: 21     REMOVING MANHOLE                                            3       : EACH!           $400.00             $1,200.00          S745.00             $2,235.00       $800.00          $2,400.00
: 22     REMOVING PAVEMENT (CONCRETE WITH INTEGRAL CURB)            60       'S.YD. I           $15.00               $900.00           $15.50               $930.00        $16.00            $960.00'
  23    IREMOVING TREE, 13" TO 24"                                   3       'EACH              $400.00            $1,200.00          $580.00             $1,740.00       $700.00;         $2,100.00
  24     SANITARY SEWER, 8", PVC SDR 35                             82         L.FT.             $30.00            $2,460.00 ,         $31.65             $2,595.30        $32.00          $2,624.00
    25 SANITARY SEWER, 6", PVC SOR 35                               36         L.FT.             $25.00              $900.00 ;         $24.00               $864.00 !      $24.00            $864.00
; 26    STORM SEWER, 12", C76 CLASS V                               175        L.FT.            $30.00             $5,250.00 i         $25.75             $4,506.25'       $26.00          $4,550.00
, 27    TRAFFIC CONTROL                                              1         LUMP i         $5,000.00            $5,000.00 ,      $4,345.00             $4,345.00     $9,400.00          $9,400.00
  28    WATER SERVICE TYPE "K" COPPER, 1"                           50         L.FT.             $20.00            $1,000.00           $15.75               $787.50        $16.00            $800.00
  29    WATER VALVE BOX AND COVER COMPLETE                           4         EACH             $200.00              $800.00          $385.00             $1,540.00       $400.00          $1,600.00
                                                                                                                                                                                                       I

                                                      TOTAL                                                      $125,969.50                    !       $123,941.10                      $139,816.00
                                                                                                         '




                                                                                               12
                                 BID TABULATION FOR H-1508 ROBERTS STREET, LAWRENCE TO WESLEY (CONCRETE)
                                                                                23-May-00


                                                                            i      ENGINEERS ESTIMATE                 JACKSON-MERKEY CONTRACTORS              ASPHALT PAVING
                             DESCRIPTION                 QUANTITY   UNIT!        PRICE            TOTAL PRICE            PRICE         TOTAL PRICE         PRICE       TOTAL PRICE
     1 ADJUST DRAINAGE STRUCTURE COVER                        9     EACH           $400.00 I           $3,600.00           $395.00           $3,555.00         $0.00            $0.00;
     2 AGGREGATE BASE COURSE, 22A, 6" C.I.P.               3030     S.YD.             $5.oo I         $15,150.00              $6.40          $19,392.00        $0.00            $0.00i
     3 AGGREGATE SURFACE COURSE, 23A, AS NEEDED              10     TON             $30.00    i           $300.00            $23.00             $230.00        $0.00            so.col
     4 CATCH BASIN CASTING EAST JORDAN #7045 OR EQUAL        4      EACH            $500.00             $2,000.00           $495.00!          $1,980.00        $0.00            $0.00i
     5 CATCH BASIN, STANDARD                                 4      EACH          $1,500.00             $6,000.00         $1,375.00           $5,500.00        $0.00            so.001
     6 iCONCRETE APPROACH, 6", STANDARD                     123     S.YD.            $30.00             $3,690.00           $28.75,           $3,536.25        $0.00            so.ooi
     7 CONCRETE PAVEMENT,6", WITH INTEGRAL CURB            3463     S.YD.            $25.00            $86,575.00           $38.75          $134,191.25        $0.00            $0.00
     8 CONG. SIDEWALK 4"                                    805     S.FT.   !        $2.50              $2,012.50            $2.20            $1,771.00        $0.00            so.col
     9 CONG. SIDEWALK 6"                                    310     S.FT.            $3.50              $1,085.00            $3.25            $1,007.50,       $0.00            so.col
    10 CORPORATION STOP, 1"                                   2     EACH           $150.00    !           $300.00          $235.00              $470.00·       $0.00            $0.00
    11 'CURB STOP AND BOX, 1"                                 2     EACH           $200.00                $400.00          $275.00              $550.00i       $0.00            $0.00
i   12 EXCAVATION                                          1474     C.YD.           $12.00             $17,688.00            $12.15          $17,909.10'       $0.00            $0.00
    13 MANHOLE CASTING EAST JORDAN #1000 OF EQUAL             1     EACH           $400.00                $400.00           $490.00             $490.00        $0.00            $0.00
    14 MANHOLE, STANDARD, O'TO 10' DEEP, 4' I.D.              1     EACH          $1,500.00             $1,500.00         $1,680.00           $1,680.00        $0.00            $0.00
    15 PREPARED TOP SOIL AND SEED, CLASS A                 2400     S.YD.             $2.50             $6,000.00             $2.70           $6,480.00,       $0.00            $0.00
    16 RECONSTRUCTING RECONSTRUCT DRAINAGE STRUCTURE          7     V.FT.           $150.00             $1,050.00           $445.00           $3,115.00'       $0.00            $0.00
    17 REMOVING CONCRETE CURB                                32     L.FT.           $10.00                $320.00             $9.00             $288.00        $0.00            $0.00
    18 REMOVING GUARD RAIL                             I     55     L.FT.           $10.00                $550.00            $11.50             $632.50        $0.00            $0.00
l   19 REMOVING MANHOLE                                i      3     EACH           $400.00              $1,200.00 ,        $745.00            $2,235.00        $0.00            $0.00
i   20 REMOVING PAVEMENT (CONCRETE WITH INTEGRAL CURB) I     60     S.YD.           $15.00                $900.00           $15.50              $930.00:       $0.00            $0.00
    21 REMOVING TREE, 13" TO 24"                       '      3     EACH            $400.00             $1,200.00          $580.00            $1.740.00i       $0.00            $0.00
    22 !SANITARY SEWER, 8", PVC SOR 35                       82     L.FT.            $30.00             $2,460.00            $31.65           $2,595.301       $0.00            $0.00
    23 ;SANITARY SEWER, 6", PVC SDR 35                       36     L.FT.            $25.00               $900.00            $24.00             $864.00        $0.00            $0.00
                                                        '
    24 STORM SEWER, 12", C76 CLASS V                        175     L.FT.           $30.00              $5,250.00            $25.75           $4,506.251       $0.00            $0.00
    25 TRAFFIC CONTROL                                        1     LUMP          $5,000.00             $5,000.00         $5,285.00           $5,285.00        $0.00            $0.00
    26 WATER SERVICE TYPE "K" COPPER, 1"                     50     LFT.             $20.00             $1,000.00           $15.75              $787.SOj       $0.00            $0.00
    27 WATER VALVE BOX AND COVER                              4     EACH            $200.00 !             $800.00          $385.00            $1,540.00        $0.00            $0.00
                                                                                              !



                                                   TOTAL                                              $167,330.50                           $223,260.65                         $0.ool




                                                                                   12A
            Commission Meeting Date: June 13, 2000




Date:       May 25, 2000
To:         Honorable Mayor and City Commissioners
From:       Planning & Economic Development
RE:         Sale of Non-Buildable Lot in Sheldon Park


SUMMARY OF REQUEST:
To approve the sale of the vacant non-buildable lot designated as map
number 24-31-28-255-001 to Mr. Jeffrey Ross of 1225 Langeland Ave.
The lot has 40 feet of frontage, and is located between Roberts and
Creston Streets. The parcel is being offered to Mr. Ross for $100.
Currently Mr. Ross has 66 feet of frontage and wishes to obain the
additional lot to add to his existing land and prevent littering. No other
adjacent property owners are interested in purchasing the property. The
sale is contingent upon Mr. Ross not owing any debts to the City.
FINANCIAL IMPACT:
The sale of this parcel will allow the property to be placed back on the
City's tax rolls thus relieving the City of continued maintenance costs.

BUDGET ACTION REQUIRED:

None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and
the Clerk to sign said resolution.
COMMITTEE RECOMMENDATION:



5/25/2000
                                     Resolution No. 2000-58 ( d)

                             MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE SALE OF A NON-BUILDABLE LOT IN SHELDON
PARK FOR $100.

WHEREAS, Jeffrey Ross has deposited $50 for map# 24-31-28-255-001, for the subject parcel
located between Roberts and Creston Streets;

WHEREAS, Jeffrey Ross will pay the balance of $50 for the purchase of map# 24-31-28-255-
001 upon commission approval;

WHEREAS, the sale would relieve the City of further maintenance costs;

WHEREAS, the sale is consistent with City policy regarding the disposition of non-buildable
lots;

NOW THEREFORE BE IT RESOLVED, that map# 24-31-28-255-001 be sold to the above-
mentioned buyer.

                            (Pomona Park Addition Lot 14 BLK 5)

Adopted this 13th day of June, 2000

Ayes: Spataro , Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki

Nays: None

Absent None




                                       CERTIFICATION

I hearby certify thatthe foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on June 13, 2000.                                                   . /    1,  •


                                                               By: - - - ' l ~ =' - -~--'--=---=-c....:::OJ-N\.
                                                                                                         :::_;::_~~ " -

                                                                               Gail Kundinger
                                       I        I               I                11      I   I    IIIIIII II                                I   I
                           '
    Francis Ave.                                                    Francis Ave.
                           i,11,1,

        -
                   -   '                  I I I I I I I 11 I                                                                                    "
             -
                   11     111 I I 11 I 11 I 11 I I I I I I I    Langeland Ave.
                                                                                                      i
        Ma,# 24-31:8-255-001

~                          ~I I            JI I 1111 1 11 I I 11I 11 1 I 1~
-
                           1                                                                 i                                         1~
                              1 1 1   11    I       I   1 1 1   I        I       1 1 1                1 1
                                                                                                 Howard Ave.
                                                                                                                        I   1 1    I
~




"                             1 1 1111 1 1 1 Ii I         11    1 1 I   ~    I   I     1 1        I       I         I       I     11   I

,~~~                               ;1 1111 l; H 11 I I I 11 11
             - ~               ~                                                     Fl,w.,Avo.


             -                  ~~ 2          ~111 11 I 11 I                                                  (J)
                                        QUIT-CLAIM DEED


KNOW ALL MEN BY THESE PRESENT: That the CITY OF MUSKEGON, a municipal corporation,
whose address is 933 Terrace Street, Muskegon, MI 49440,

QUIT CLAIMS to Jeffrey Ross, of 1225 Langeland, Muskegon, MI 49442

The following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:

                                Pomona Par Addition Lot 14 BLK 5.

for the sum of One hundred ($100) Dollars.

This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).


Dated this /,,JJ/2 day of June 2000

Signed in the presence of:

                                                        CITY OF MUSKEGON




STATEOFMICIDGAN
COUNTY OF MUSKEGON

The foregoing instrument was acknowledged before me this AM1_ day ofi?l~hl C'PLll              !'i   r,-,1,, Pl~-~-                                H;n ..,,.,~                                   t::f"\
                                                                                                                                          .   •

                                                                                                                                                                                                                                                  '
                                                                                                                                                                                                                                                       rnn   nn


 Gehl CP424 Cold Planer 24" wide, 72 r>ics                                                                                                                                                                                                   t10 500.00




 Ontions:
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                                                                                                                                                                                                                                                       nnr   nn




                                                                                                                                   TRADE-IN                                                                                         TRADE ALLOWANCE




                                                                                                                                                                                                                               TOTAL
ROYAL 414                                                                                                                                                                                                                                    Printed in USA
                 4 Ton Pothole Trailer

                                          Bid             Model

Burke FqLJ_ipment _________            $16,215.00      Aeroil
                                                         --~-


Spaulding Mfg. Inc.                    $13,400.00      RMV (demo)

                                       $13,650.00      RMV (new)

Milier Equipment Company               $12,000.00      Chausse

Budgeted Amount                        $12,000.00

Replacing unit 70014, 1989. Scheduled replace old unit will be sold
at auction.
                   Electric Maniift (used)

                                        Bid                Model

Hasper Equipment Company            $13,500.00      Marklift 40' (93)

Burke Equipment Company             $19,725.00      JLG 30' (new)

                                    $19,225.00      JLG 35' (95)

                                    $16,950.00      JLG35' (94)

AIS Rental Corp.                    $28,750.00      Upright AB38N (new

United Rental                       $18,500.00      SJKB-40i (97)
                                                                        --


Budgeted Amount                     $25,000.00

Replacing 70092. 1972 scissors lift. The new unit has a articulated
boom design which will make it much better suited for our needs, it will
reach out to the side instead of only straight up. This unit is used for
building maintenance at the DPW and other city buildings.
~ SvbS1d1(,)ty of CjO\o'eldol~ Ec;u1pment C 0
                                                                                                                                                 3662 Alr!U\e
                                                                                                                                        Muskegon, M! -49«4·
CLO~D4LE                                                                                                                                        616,iJ9,9525
                                                                                                                                            ~ax 61$,733•4601


       To: C,1,[r'.          Or             /11, cJS/q;;""&>AI - {) P'-iJ                 Date:       4 - 3 - <:JI)
                / 3 Su                   r3', /:+"1f'rt dlG                               OrderNo. - - - ~ - - - - - - - -
                                                                                          Sales Person J I ~ NOst" rft.f'
       Attention:           P.,/lc,vgfl ·~rt r
       we propose to furnish you with the foliowing:
      ---=--=:=;;;:=:=;=:st= ·-==.===-. ====:=======----1"""""--·-=---------=:=------- ---                                                              -

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         ( AlDi{;: Hf/JU.v.;;t iu.45 />v/Wt,'\$/:\1)                               1,f ~ i4'-'i) l]-(15 1.S / Dt:Vi7cAL Tc>
           --(1,{G"       CJ.Jftfl-8V1                "fb'/¼,J' /1-JO~'t,    7"4 -'(O ), -r]-1~ U/\11 'r I NUA;/JfS :
               ~ ~d         M-4)(. A-4-TR::it11                  Ht:76UT           A.NO      J7' 3 ,, Hif")t Ho#,/;,,,vN-1. kW-ii
               .,. 'i"C: ~bII
                                    II
                                            l1A-:,i
                                         W iDi'I(
                                                       />~                  Ul/'A<,;lf'    ,1-,111 t">V>lO,V

             ~ 3"o M?/41- Ci)AJ Tl 1J&vs -rv/!.lt.f:"'i' Ao Dk711 ,<,'
                                0




             ' J~ /t-'lt e,:11,(.,'¼M_
             - I S' Y-.15,· )(. < Sc)l.( t, "ti,tr,,
             -4 u,, O'ntt\Z Si7!.v-M-i,,i f::/,,'-.f-t'Vtuc"
             - lttq 3 ¼ll.J(;t
             ' 5N :S-'tt/.a
             - {po Mi-' Lu44,f-vi1/ ?Mr., ;'W() t-l!&a
         - 107il-1,, ; ('0;:, bf'w '1 A-~-0
           bt'1,tut'll-'.' ,              J , ':> M \-'s


    Terms: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
    Shipping
    To___    Instructions:
                _ _ _ _ _ _ _ _ _ __

    Address._ _ _ _ _ _ _ _ _ _ _ __
                                                                                                  v~------------
                                                                                                  wm Ship 0n
    Acceptanc,;
                                                                                                                   ---------
    The above!$ hereby a~~epted this _ _ _ day of _ _ _ _ _ _ 19__ and ~gree to the terms
    on lhe reverse side.

   Purchaser                                                                                      Hasper Equipment
   By_ __
                                                Lonstrucr,on Eou,omenr Scles. Servicc-::e-,,P""a"'rts"'&....,,..Re""n""to"'1s------·---
                   Flat Bed I Manlift (traffic)
                                                            II
                                         ~
                                              Bid
                                             --·-·.,   ..
                                                                      l\t1odel

Trl.ilck & Trailer Specialties inc.   $18,436.00             Midwest 12'
                                                             Duralift DT-25FP

Carmon !Eng. And !Equip.              $17,467.00             Reading R 1OD
                                                             Versa lift Tel29N

Gair & Sons Eq11.1ipment              $20,273.00             Parkhurst 12'
                                                             Duralift DT-25FP

Budgeted Amount                       $18,000.00

Replacing 30534, 1994 w/41,000 mites. The old unit is a standard pick up
that will be move to a different department. The new unit is a flat bed, similar
to the other unit already in use in the traffic department, with the addition of a
small man lift to do street sign repair and replacement.
     2 Dump Bodies I Scrapers (plow trucks)

                                      Bid                                 Model

Truck &Trailer Specialties Inc.   $19,654.00          Each
                                  $39,308.00          Crystee!/Monroe

Allied Truck Equipment            $17,493.00          Each
                                  $34,986.00          Gallion/Root

                                  $17,953.00          Each
                                  $35,906.00          Henderson/Root

Shults Equipment Inc.              $24,496.00         Each
                                  ~§,992:QQ_          Gallion/Root
                                                ---- 1-----------------   ---·-·- -   -   - --   ...



                            .




Budgeted Amount                   $48,000.00

This is chassis mount equipment for Plow trucks already approved and
purchased.



                ;I,.\
                   Commission Meeting Date: June 13, 2000




Date:         June 6, 2000
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development              cAb 0
RE:           Purchase of Property from West Michigan Steel for the
              Muskegon Lakeshore Trail


SUMMARY OF REQUEST:

Approval of resolution and purchase agreement for property owned by West Michigan
Steel, which is required for the Lakeshore Trail (see enclosed map). The purchase
price is $40,680.00 which is the appraised value of the property. Through this
agreement, the City will also be agreeing to, at the time of trail construction, lower the
elevation of the berm now existing on the premises. The City will also be agreeing to
lease the lakeward portion of the remaining property from West Michigan Steel for
$1.00, and to construct a fence along the trail, on the non-lakeward side. These
stipulations are identical to those from the purchase of trail property from Kirksey
Investment Corp., which was approved by the City Commission in January, 2000. The
purchase agreement has already been signed by West Michigan Steel.

FINANCIAL IMPACT:

Purchase will allow the Lakeshore Trail project to continue. The price for the property
is $40,680.00 and the purchase will be completed with funds received from the sale of
the Chase Hammond Golf Course.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends that the Mayor and Clerk sign the resolution and purchase
agreement, and recommends that the City Commission authorize staff to complete the
purchase according to the terms of the agreement.

COMMITTEE RECOMMENDATION:

None



6/6/2000
                                                                                                                                      ---~----         - '    ... - ...... u ......   ..-t:1;:,,1.
                                                                                                                   Nort-h 62 degrees 10 minu-t;es 0.1 · s--ecqi;
                                                                                                                   thence South 87 degrees •t2- miD,µte _4,(
                                                                                                                    feet; thence North 71 d.egrees--3-9 mi:i:
                                                                                                                    169.45 feet; thence South 53 deg
                                                                                                                   seconds East 104.89 feet; thence ;
                                                                                                                   minutes 44 seconds East 60:4.1,j fe1
                                                                                                                   degrees 31 minutes 4·4 sec_onds Ra$t
                                                                                                                   South as degrees 27 minute$ 16 seoc
                                                                                                                   thence ·North 36-degr_ees 27 niintiteiii-~~
                                                                                                                   feet; thence. North 53 degrae.s . -5·7, min
                                                                                                                   94. 21 feet; thence Sou.th '11 degrees.· 3
                                                                                                                   West 164. 14 feet; thence Nor.tn, 87-' di
                                                                                                                   seconds West 125.42 feet; then_:ce- -~
                                                                                                                   minutes 01 second West 205·.2:9- fee



                 ~·
                                      /                                                                            beginning·,




                                                                                                               \
                                                         126.81'
                /N33°32'57"',{                        sa10.42' 46"E
/                  18,08'
                                                      N87'>42•46~W
                                                        125.42'
            \
                "(m                                                   853"57 '29"E
                                                                        104, 89'                         \                                                                  MUSKEGC




                                                                                                                                      HARTSHORN MARINA
                                                                                                                                             61 -10-25- 200-006




                                                                                                                                                   I
                                                                                                                          sas 0 2.1 '16"\i
                                                                                                                             8.34'                 I
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                                                                                     h'EST MICHI6AN STEEL PROPERTY                                 I           WATERFRONT
                                                                                           61-10-2.5-200-001
                                                                                                                                                   I                              61-10-2!


                              KIRKSEY PROPERTY                                                                                                     I
                                  s1-10-2s-100-002.
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                                       CITY OF MUSKEGON

                                         RESOLUTION         2000-58(9)

RESOLUTION APPROVING THE PURCHASE OF TRAIL PROPERTY

WHEREAS, the City of Muskegon is in the process of purchasing properties for the Muskegon
Lakeshore Trail project, and the West Michigan Steel property has been identified as necessruy
for the project;

WHEREAS, the purchase of this property from West Michigan Steel would allow the trail
project to proceed;

WHEREAS, the City of Muskegon has made a commitment to the Michigan Department of
Natural Resources to purchase specific trail properties as part of the conversion of the Chase
Hammond Golf Course property, and the subject property is included in that commitment;

WHEREAS, West Michigan Steel has signed a purchase agreement for the property at the price
of $40,680.00 for the 16-foot strip;

WHEREAS, the City of Muskegon is agreeing to the provisions of the purchase agreement,
including lowering of the berm elevation at the time of construction, construction of fencing, and
leasing the lakeward portion of the remaining property;

NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon agrees to purchase the
subject property identified in the attached survey and legal description at a cost of $40,680.00.

Resolution adopted this 13th day of June, 2000.

          Ayes:     Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki

          Nays:     None

          Absent:    None



                    ielsen, Mayor


Attest:   _J_~~:::'._::.?~L
                          . . !. .j/~!=~~~:1::,~-
          Gail A. Kundinger, Clerk
                                      CERTIFICATION

This resolution was adopted at a regular meeting of the City Commission, held on June 13, 2000. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.

                                                     CITY OF MUSKEGON



                                             By
                                                            Gail A. Kundinger, Cler1
                                                                                                2000-58(g)



                               REAL ESTATE PURCHASE AGREEMENT


       THIS AGREEMENT is made           June 13                2000, by and between
WEST MICHIGAN STEEL CORP,, a Michigan corporation, with offices at 1148 W.
Western Avenue, Muskegon, Michigan 49440 ("Seller"), and the CITY OF MUSKEGON, of
933 Terrace, Muskegon, Michigan 49440 ("Buyer").

        1.      General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property ("Premises") specifically described as:

                             See legal description attached as Exhibit A;

subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements ofrecord are acceptable to Buyer, upon disclosure and review of the
same, and subject to any governmental inspections required by law.

        2.     Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Forty Thousand Six Hundred Eighty Dollars ($40,680), payable in cash to Buyer at
closing.

         3.     Taxes and Assessments. All taxes and assessments which are due and payable
at the time of closing shall be paid by the Seller prior to or at closing. All taxes and special
assessments which become due and payable after closing shall be the responsibility of Buyer
because the Premises is part of a larger property. The parties agree that, in addition, the Seller
shall pay in full all taxes due in 1999, including those billed on December 1, 1999.

         4.      Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance issued by Transnation Title Insurance Company for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements ofrecord
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, the
Seller shall have forty-five (45) days from the date Seller is notified, in writing, of such
unreasonableness of restriction and such unmarketability of title to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided within
ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or remedy
the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at the Buyer's option. The premium for the owners title policy
shall be paid by Buyer.



G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2,PA                  - 1-
          5.     Personal Property and Fixtures. All personal property and fixtures which the
 Seller wishes to remove shall be removed on or before closing. Any personal property which is
 left on the Premises shall be the property of the Buyer, who may dispose of same.

         6.      Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
 Buyer or its surveyor or other agents may enter the Premises for that purpose prior to closing. If
 no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
 the location, boundaries and area of the Premises and improvements thereon without regard to
 any representations that may have been made by Seller or any other person. In the event that a
 survey by a registered land surveyor made prior to closing discloses an encroachment or
 substantial variation from the presumed land boundaries or area, Seller shall have the option of
 effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
 termination of this Agreement. Buyer may elect to purchase the Premises subject to said
 encroachment or variation.

           7.       Environmental Matters. Seller represents and warrants to Purchaser as follows:

                  a.       To the best of Seller's knowledge, the Premises have been used and
          operated in compliance with all applicable federal, state and local laws and regulations
          related to air quality, water quality, waste disposal or management, hazardous or toxic
          substances, and the protection of health and the environment.

                  b.      Seller has not disposed of any hazardous or toxic substances on or in the
          Premises, but the premises has been characterized as part of a "Facility" under Michigan
          law. The Premises may constitute a facility because of historic fill materials in or in the
          vicinity of the Premises. Seller is unaware of any plume of contaminated groundwater in
          or affecting the Premises.

                  c.     The Premises does not include any "underground storage tank," as that
          term is defined by state or federal law.

        Such representations and warranties shall be deemed to have been made again by Seller
as of the closing. Seller agrees to indemnify Purchaser and hold it harmless from and against any
and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but
not limited to reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and covenants set forth in
this paragraph shall survive the closing.

      8.   Condition of Premises and Examination by Buyer. SUBJECT TO THE
ABOVE REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY,
QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER
IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER. BUYER
UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT


G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2,PA              -2-
TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES
CONTAINED IN THIS PURCHASE AGREEMENT, ALSO SUBJECT TO THE WARRANTY
OF BUYER THAT NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE
PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, TAKING INTO
ACCOUNT THE REPRESENTATIONS OF SELLER.

       9.     Specific Use Provisions. The parties agree to certain use provisions and
contingencies which will survive the closing:

                  9 .1   Lease of Additional Property. The Buyer intends to use the Premises for
         a walking/bike trail. Because the Premises is located between the Seller's facilities and
         the shore of Muskegon Lake, and both parties are interested in public and general access
         to the lake, Seller will execute a one year lease which shall be automatically renewed for
         one year terms, for total rent of One Dollar ($1) to the City for the property ("Lakeward
         Property") between the Premises and Muskegon Lake, which lease will provide that, the
         said Lakeward Property shall be reserved by the City for public access to the lake. The
         lease shall be terminated upon written notice given by either party to the other six months
         before the end of any term or renewal term. The terms of the lease shall be acceptable to
         Buyer and Seller.

                 9 .2    Berm Alteration. The Buyer shall, at the time of constructing the trail,
         lower the elevation of the berm now existing on the Premises or in the Lakeward Property
         to afford a clear view at ground level of Muskegon Lake, said construction cost for the
         berm work not to exceed the sum of One Hundred Ten Thousand ($110,000) for the
         lowering of the berm on the Seller's property and that of Kirksey Investment Corp.
         combined.

                9.3     Fence. The City shall construct a fence along the trail on the non-
         lakeward side thereof.

                  9 .4     Relocation of the Trail. In the event future development by the Seller of
         facilities on its remaining property is contemplated and arranged, the Seller may request
         relocation of the trail on the remaining property of Seller from which the Premises has
         been conveyed, and Buyer may consent thereto and determine conditions for the
         relocation.

          10. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.


G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2.PA             -3-
       11.    Closing. The closing date of this sale shall be on or before _ _ _ _ _ __
2000, ("closing"). The closing shall be conducted at Transnation Title Insurance Co.,
Muskegon, Michigan. If necessary, the parties shall execute an IRS closing report at the closing.

        12.     Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at
closing for the Premises.

       13.      Affidavit of Title. At the closing, Seller shall deliver to Buyer an executed
Affidavit of Title.

        14.     Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of closing.

        15.    Costs. Buyer shall pay the costs of closing, including transfer tax, except the
costs involved in removing any encumbrance on the property.

         16.       General Provisions.

               a.     Paragraph Headings. The paragraph headings are inserted in this
         Agreement only for convenience.

                 b.     Pronouns. When applicable, pronouns and relative words shall be read as
         plural, feminine or neuter.

               c.      Merger. It is understood and agreed that all understandings and
         agreements previously made between the Buyer and Seller are merged into this
         Agreement, which alone fully and completely expresses the agreement of the parties.

                d.      Governing Law. This Agreement shall be interpreted and enforced
         pursuant to the laws of the State of Michigan.

                e.      Successors. All terms and conditions of this Agreement shall be binding
         upon the parties, their successors and assigns.

                 f.      Severability. In case any one or more of the provisions contained in this
         Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
         respect, such invalidity, illegality, or unenforceability shall not affect any other provision
         of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
         unenforceable provision(s) had never been contained herein.

                g.      Survival of Representations and Warranties. The representations,
         warranties, covenants and agreements contained in this Agreement and in any instrument
         provided for herein shall survive the closing and continue in full force and effect after the


G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2.PA               -4-
         consummation of this purchase and sale and continue until all liabilities of Buyer have
         been fully satisfied.

                h.      Modification of the Agreement. This Agreement shall not be amended,
         except by a writing signed by Seller and Buyer.

       The parties have executed this Real Estate Purchase Agreement the day and year first
above written.

WITNESSES:

   /!Auk fJ?, lJt!t#c


                                                 TIDNumber:        7..S-- 0/290 ,2.73




G:\COMMON\5\GTJ\C-TRAIL\WMSTEEL2.PA
                                                •5•
                                          EXHIBIT A

                                      LEGAL DESCRIPTION




G:\COMMON\5\GTJ\C.TRAIL\WMSTEEL2.PA
                                    AGENDA ITEM NO. _ _ _ __

                               CITY COMMISSION MEETING    6/13/00


TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          May 23, 2000

RE:            Muskegon Summer Celebration - Request to Waive Fees



SUMMARY OF REQUEST:

To approve a request from Muskegon Summer Celebration to waive fees for City services for
the 2000 celebration.



FINANCIAL IMPACT:

Cost of services of approximately $60,000 annually.



BUDGET ACTION REQUIRED:

None.




STAFF RECOMMENDATION:

To approve the request.




COMMITTEE RECOMMENDATION:

None.




O:COMMON\DEPTMENnADMlN\11..GNDAFRM
JMS- 0: (SUMMER CELEBRATION - 2000 FEES)
                             S    U    M     M    E




  May 19, 2000

  Mr. Bryon Mazade
  C/ o City of Muskegon
  PO Box 536
  Muskegon,MI 49443

  Dear Mr. Mazade,

  The Muskegon Summer Celebration humbly requests that the City waive all
  fees for services provided for this year's festival, June 29 through July 9. The
  services include police, fire, DPW, and leisure services. Upon completion of
  the financial reports from this year's event, our Board of Trustees will discuss a
  possible reimbursement to the City for overtime expenses.

  As always, the City's support of the Muskegon Summer Celebration is greatly
  appreciated and has contributed to the financial stability of the event. We want
  to make sure the festival will be part of Muskegon's summer season for years to
  come. Thank you very much for your consideration.

  Sincerely,




 Joe Austin
 cc: Tim Achterhof£

                                                              MiW 2 ~; 2000


                                                      ,   _____________
                                                               MUSKEGON
                                                            .CII :V. MANAGEn•s.·
                                                                    OF.F:IC~




587 West Western Avenue • Muskegon, Michigan 49440
    ® Phone (231) 722-6520 • Fax (231) 722-611 2
            www.summercelebration.com
                                   AGENDA ITEM NO. _ _ _ __

                              CITY COMMISSION MEETING        6/13/00


TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          May 23, 2000

RE:            Knight Consulting - Revised Agreement



SUMMARY OF REQUEST:

To enter into a new agreement with Knight Consulting for state legislative and administrative
consulting services. The City has been using services from Knight Consulting since 1995.



FINANCIAL IMPACT:

Cost increase from $1,000 per month to $2000 per month.



BUDGET ACTION REQUIRED:

The budget will need to be amended after the 2nd Quarter to accommodate this change.




STAFF RECOMMENDATION:

To approve the attached agreement.




COMMITTEE RECOMMENDATION:

None.




O:COMMON\DEPTMENnADMIN\Jl..GNDAFRM
JMS - 0: {KNIGHT CONSULTING - UPDATED AGREEMENT)
                                                                                                            2000-58(i)




                                                    KNIGHT
                                                    Consulting
                                               RETA.INER AGREEMENT

            TIIlS AGREEMENT, made and entered into this I st day of July 2000 by and between Knig!,t Consulting,
   a Michigan business with its principal office located at 115 West Allegan, Suite 200, Lansing, Michigan 48933-1314
   (hereinafter called KC), and City ofMu!!kegon (hereinafter referred to as CLIENT.)
            I.       KC accepts employment and retainer and agrees to provide the foHowing services in the following
   order of priority to the CLIENT:
                     A. Monitoring oflegislative arid regulatory activities of the Michigan Legislature.
                     B. Representation ofCLIENTs goals in the legislative and administrative process and assist with
                         special projects sought by the client and mutually agreed upon by the CLIENT and KC.
                     C. The scope of this RETA.INER AGREEMENT shall include lobbying as defined by Michigan
                     Law and registration as a lobbyist for the CLIENT if required by state law or regulation.
           2.       The file and work product materials of the CLIENT shall be maintained by KC in Lansing,
                     Michigan.
           3.       lt is uhderstood and agre~d that KC operations hereunder are those ofan independent contractor,
                    and that KC has the authority to control and direct the performance of the details-ofth!! services to
                    be rendered and performed and it is further agreed that KC 's employees are not employees of
                    CLIENT and KC is not, except as herein provided, subject to control by CLIENT
           4.       KC hereby agrees further and commits as follows:
                    (a) That KC shall u~e due diligence in representing CLIENT and its interests in all the above-
                         described matters, as well as other matters agreed to be assigned to it.
                    (b) KC shall avoid all conflicts of interest and advise CLIENT of any potential conflicts of interest
                         when they are reasonable foreseeable.
                    (c) KC shall regularly inform CLIENT of the progress and all-material developments concerning
                         any matter in which KC represents CLIENT.
                    (d) KC shall comply with all laws and regulations affecting KC's representation of and acts on
                    behalf of CLIENT.


  COMPENSATION:
           For and in consideration for such services, CLIENT agrees to pay KC and KC agrees to accept during the
  terms of this Agreement, the sum of$2000.00 commencing July I , 2000 and there after due and payable on the first
  day of each month.


  Pagel




11 5 W. A ll egan, Suite 200 • Lansing, M l 48933-1783 • Phone: (5l7)_484-69 17 • Fax: (517) 484-7037
COSTS AND EXPENSES:
         It is understood and agreed that the compensation of$2000.00 per month includes usual and ordinary costs
and expenses. Travel expenses at the request of CLIENT shall be assumed by CLIENT. If it develops that KC shall
be exposed to extraordinary costs and expenses, then in the event, CLIENT shall assume and pay the same,
providing the nature and circumstances thereof are disclosed to and approved by CLIENT prior to the time the same
are incurred.
TERM OF AGREEMENT:
         The term of this Agreement shall be for the period beginning July 1, 2000. This Agreement may be
terminated with a written thirty- (30) day notice from either KC or CLTENT


GENERAL PROVISIONS AND CONDITIONS
(a) KC represents that he is a registered lobbyist under Michigan State law and complies and will comply with all
    the laws and regulations regarding his activities as contemplated by, this agreement. In the event his registration
    is suspended, terminated or questioned in any way by the State or an agency of the State, tbe said fact shall be
    immediately made know to CLIENT by written notice.
(b) CLIENT shall not request any action by KC by which would violate any law or regulation of the State of
    Michigan or any federal or local law.
(c) NO TffiRD PARTY BENEFICIARY. No other person or entity shall have the benefit of this agreement.
(d) ENTIRE WRITTEN CONTRACT. This agreement constitutes the entire agreement and supersedes all prior
    agreements and understandings, both written and oral, with respect to the subject matter hereof
(e) PUBLIC RECORD. This contract may be exhibited for examination by any person as the law may require, It is
    subject to the freedom of information act of the State ofMichigan.
(f) MICHl&'AN LAW. This agreement shall be construed and enforced in accordance with the laws of the State of
    Michigan applicable to contracts made and to be performed within the State ofMic~igan.


NON-ASSIGNABILITY:
        This Agreement shall not be transferable or assignable by operation of law or otherwise.
        JN'WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first
written above.




                                                        Fred ·J .
                                                        Mayor




Page2
                                          95-023 (u)

                                     RETAINER AGREEMENT

     THIS AGREEMENT, made and entered into this 1st day of                          /   fO
February, 1995, by and between Knight Consulting, a Michigan _/.i.~                          t"
business with its principal office located at 200 N. Capitol                 Cl'µ~P~~~
Avenue, Suite 803, Lansing, Michigan 48933 {hereinafter called
MK), and the City of Muskegon (hereinafter referred to as
CLIENT).

     1.   MK accepts employment and retainer and agrees to
provide the following services in the following order of priority
to the CLIENT:
                 A.   Monitoring of legislative and regulatory
            activities of the Michigan Legislature and Governmental
            Agencies.
                 B.   Representation of the CLIENT'S goals in the
            legislative and administrative process and assist with
            specific projects sought by the client and mutually agreed
            upon by the client and MK.
                 C.   The scope of this RETAINER AGREEMENT shall include
            lobbying as defined by Michigan Law and registration as a
            lobbyist for the CLIENT if required by state law or
            regulation.
    2.    The file and work product materials of the CLIENT shall
be maintained by MK in Lansing, Michigan.
     3.   It is understood and agreed the MK's operations
hereunder are those of an independent contractor, and that MK has
the authority to control and direct the performance of the
details of the services to be rendered and performed and it is
further agreed that MK's employees are not employees of CLIENT
and that MK is not, except as herein ·provided, subject to control
by CLIENT.

             4.         MK hereby agrees further and commits as follows:
          (a) That MK shall use due diligence in representing
CLIENT and its interests in all the above described matters, as
well as other matters agreed to be assigned to it .
           (b) MK shall avoid all conflicts of interest and
advise CLIENT of any potential conflicts of interest when they
are reasonably foreseeable.
          (c) MK shall regularly inform CLIENT of the progress
and all material devel0pments concerning any matter in whic h MK
represents CLIENT.
          (d) MK shall comply with all laws and regulations
affecting MK's representation of and acts on behalf of CLIENT.

g tj \ knight . r e t                                                      Page 1
    COMPENSATION.
         1.   For and in consideration for such services, CLIENT      ~
    agrees to pay MK and MK agrees to accept during the term of this -"1
    Agreement, the sum of One Thousand Dollars ($,,ooo) per month dua°"~
    and payable on the first day of each month commencing February 1,
    1995.                                                             -r
                                                                      u#C.Ve,, I
    COSTS AND EXPENSES.                                                                      -~
                                                                                        y rJ-"ir·
         l.   It is understood and agreed that the compensation of    · ,\' ;:,.-{)'
~   ?; ooo per month includes usual and ordinary costs and expenses. W('}'t> ~ r,.i"'
    Travel expenses shall be assumed by CLIENT at one (1) round t rip~ '~ },,v , ~')1/

                                                ~,,~
                                                \Jl"!d< Q>~~~
    GENERAL PROVISIONS AND CONDITIONS.             "        A
                                             ft'~ ,>~...>-'r
                                                      ~
              (a) MK represents that he is 1-icensed and registered
    as a lobbyist under Michigan state laws and complies and will
    comply with all the laws and regulations regarding his activities
    as contemplated by this agreement. ~n the event his registration
    and licons.ure is suspended, terminated or questioned in any way
    by the State or an agency of the State, the said fact shall be
    immediately made known to CLIENT by written notice.
              (b) CLIENT shall not request any action by MK which
    would violate any law or regulation of the state of Michigan or
    any federal or local law.
              (c) No Third Party Beneficiary. No other person or
    entity shall have the benefit of this agreement.
              (d) .Entire Written. Contract. This agreement
    constitutes the entire agreement and supersedes all prior
    agreements and understandings, both written and oral, with
    respect to the subject· matter hereof.
               (e) Public Record. This contract may be exhibited for
    examination by any person as the law may require. It is subject
    to the freedom of information act of the State of Michigan.

    gtj\knight,ret
                                                                               Page 2
          (f) Michigan Law. This agreement shall be construed
and enforced in accordance with the laws of the State of Michigan
applicable to contracts made and to be performed within the state
of Michigan.

NON-ASSIGNABILITY.
     l.   This Agreement shall not be transferable or assignable
by operation of law or otherwise.
     IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement as of the date first written above.

                             CITY OF MUSKEGON

                                                        '

                              By Jll.ith;t~_il.lfU..,J.:.c.:....L:14,....l.!,~---
                                Theresa Malik-Krubel, Clerk



                              M.L. ( 11 ic
                              Knight Con lt1 g
                              200 N. capitol Avenue, Ste. 803
                              Lansing, MI 48933




gtj\knight.ret
                                                                        Page 3
Date:         June 5, 2000

To:           Honorable Mayor and City Commissioners

From:         Assistant Finance Directorfo

RE:           Liability Claim: Marine Tap Room/Steve Warmington



SUMMARY OF REQUEST: On September 16, 1999 Steve Warmington owner of
the Marine Tap Room at 1983 Lakeshore Drive, filed a liability claim against the City of
Muskegon for damages and costs associated with a City main leak. Mr. Warmington
and MMRMA have agreed on a settlement of this claim at $19,000. This settlement
must be approved by the City Commission because of the dollar amount.



FINANCIAL IMPACT: This claim will be paid from the City of Muskegon Retention
Fund at MMRMA.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of MMRMA's recommended settlement.



COMMITTEE RECOMMENATION: None
                    .Mid\ig:111 ~11.ll\idp::t1

                    MANAGEMENT
                    AUTHORITY · \
                                                     FACSIMILE TRANSMISSION ·

             DATE:                 June 6, 2000
             TO:                   Beth Lewis               . .      .
                                   City of Musk~gon Finance Department
             FAX#:                 9'.1. ,2,i.,~~                 "(.1G.f
             FROM:                 Frank R. Hughes, Claims Adjuster
             NUMBER OF PAGES·(Tnch1ding this transmittal page): _,;i_=-~

                                                                      · MESSAGE
                                   Claimant:          Marine Tap Room/Steve Warmington
                                   Date of Loss:      1-20-99        . .
                                   Our Occurrence No: 1999·11.1-082 OPDW (91259)
             f.aru:
                      Tho owner of.the Marine Tap Roonr, reponed water entering his basemellt in February
                      of 1999. The DPW investigated the problem .over the next several .months and even
                      hired a leak. detection specialist to determine the cause. The investigation was
                      inconclusive and the owner of the property involved was left with the assumption that
                      ground water was the likely source and h.e should have his basement waterproofed. The
                      owner attempted less expensive remedial measures first by installing a sump pump but
                      this could not handle the volume of water entering his basement daily. He then invested
                      $9,540 into waterproofing his basement and upon completion, water began surfacing at
                   . the street. It was then determined that the source was a leak at the tapping nipple where
                    · it connects to the main. TI1e tapping nipple is the- City's property and responsibility. A
                    · copy of the DPW report is attacl1ed for review. . . ·                    .• 1
             Damages:                                 .                                   ·.        ·   .... ·.   .
                      The property owner submitted a claim for $21,122 which includes damage to flooring,
                      sump pump installation, waterproofing and daily clean up of water over .a period of seven
                      months. until the problem was remedied. AdjustmenL~ were made to. the loss resulting
                      in an agreed settlement with the property owner in the amount of $19,000 subject to the
                      City's approval.                         ·

             Liability:            ·                      .
                      This clailn comes tinder the trespass exception to govcrnmentaLimm\Jnity. We have
                      reviewed the issues involved in this claim and conclude that the remedial tneasurcs taken
                      . to mitigate the dainage as well as the direct property damages are ~ompensable.

             Recommendation:                     .            .                                            .•
                      We recommend settlement with the property· owner, Steve Warinington, in the amount
                      of $19,000 as outlined ln this report.  ·             ·   · ·. . . :.

            . PRH/sd



                                                              14001 Merriman• Livonia, Ml 48154
CLAIMS
 T()"   j    TA()" il~I    f'l7•   TT
                                                              /734l 513-0300 • FAX [734) 513·0318
                                 Michigan Municipal                                                                                      FORWARD TI-!IS REPORT TO: MMRMA CIAIMS
                                                                                                                                                       14001 Merriman, Livonia, MI 48154
                                MANAGEMENT                                                                                                 Telephone (313) 513-0300 FAX (313) 513-0318
                                AUTHORITY                                                                                                       CLAIM / INCIDENT REPORT
   Note: Use this form (l J to report any dairn which caused bodily injUJy or property dunage r (2) to report any incident wttldi has the potential lo cause bod,Jy injury or propetty darn..,ge.
    (l) Name of MernUCI                                                                           (2) Oq:iartment                  (3) Phone Number                 (4 _R        8
                                CITY OF MUSKEGON                                                                 FINANCE                       724-57 3
     (5) Exact ~tion of .Claim/Incident                           ~          ...                                                              (7) Time        A.M. D P.M.

           •9~3 J                  O ~(1_Ab&10 '                  _sLl&                                                                             I b '.        5~---~----+---'--'-'~~~
    PERSONAL INJURY                            Claim rJ          Incident rJ                                 PRO ERTY DAMAGE                                  Chum   •       Licident Cl
    (9) Name~ Address of lnjU1ed Person or Cfaimat]t              .._

 1---~.,).!'._l/,..<.JI:..,,___!.,1A-2~1Jc,).,_..\"""__J_J_y·W\D.J,c/'/ll\.1'.L/2'-'~"'"'-'-'---:,,..----1---w:c.ui1.t..L&L.~--=6:1t1,J,_,L1u1·,1.r..1,L1.1       ~-l'lb_.,,c'.'J.,.1.clh__j,./il,.JU,'LJJ;cJ>;_..f'-
                   16d--Lf                                              o          'l),A,1~~---+--__l,l._JLN'-"--'ll'-'>---=1-0"'-A-<=B:'f2J.. ..L"'1.2_,dL=.1__,,,,,cu..u
                                                                                                            /16} Nature ol Dam~ge            7Y "-            _
                                                                                                                                                                                       u~-......Llc.JLJ<-"!f-'"-"
                                                                                                                                       '\A          ,,,.._,
   (10) Occup.ition


   (12) N.iture of Injury


   (14) Port of Body Injured                                                                                (l8) Estimated Cost                                               (19) Actual Cost


   (20)
                        Witnesses                   I) - - - - - - - · - - - - - - - - - - - - - - - - - - -
                                                                                                                                                                         Phone. N!): _ _ _ _ _ __

                        Names and                                                                                                                                        Phone Noc _ _ _ _ _ __
                                                    2) - - - - - - - - - - - - - - - - - - - - - - - -

                                                    3)                                                                                                                   Phone No: _ _ _ _ _ __
                        Addre...sse.s
                                                    4)                                                                                                                   Phone No:

  (21) Describe dearly how the daim/incidenl occum:d (atl the Regular Commission Meeting at .B:0                         ~    . Shepherd
      ROLL VOTE: Ayes: Spataro, Aslakson __.. Ni hweifl.e!!~~ !!:!"'
                 Nays: None
                 Absent: Sieradzki, Benedr i ct
A DOPTED
     Motion by Commissioner Aslakson, s;.e cocomm
                                                  1
"";-th the City Attorney's recommendatie> .-,.                   1', Shepherd
     ROLL VOTE: Ayes: Spataro, Aslakson, ~ ie hweifle::======~ ~
                 Nays: None
                 Absent: Benedict, Sieradz: ~ i
A D OPTED
A DJ OURNMENT:
      The Regular Commission was adjourn~d ? p .rn .            ~ -=Jbmitted,
                                           ' cttu lly s;;;:;;;~


                                                         ()_
                                                             :.911-   C:-~~ger, CMC/ AAE




J ONE 13, 2000
Date:       June 6, 2000
To:         Honorable Mayor and City Commission
From:       Department of Public Works
Re:         Refuse Cart Purchase 2000




SUMMARY OF REQUEST:

To authorize the purchase of one truckload (560) for use as replacements as
needed. This purchase would restock our inventory of replacements we keep
on hand for damaged carts. We are requesting approval for placing the order
now with delivery anticipated in July. Currently the Sanitation Department has
25 carts in stock.

FINANCIAL IMPACT:

Unit cost per cart $43.50 (560 per truckload) = $24,360.00

BUDGET ACTION REQUIRED:

2000 Sanitation Budget item, available balance of $25,000.00

Account# 101-60523-5700 (capital outlay equipment)



STAFF RECOMMENDATION:

Staff recommends approval of the purchase with our current supplier Toter Inc.
base on the City of Muskegon 10-year history and their new improved cart
design.



COMMITTEE RECOMMENDATION
                                                             CITY OF MUSKEGON
                                                             Historic District
                                                             Commission




Memo
 To:            Honorable Mayor and City Commissioners
 From:          Glenn Eacker, Chaitman of the Historic District Commission (HDC)
 Date:          June 13, 2000
 Re:            607 W. Clay Avenue


 At the June 6, 2000 meeting of the HDC there was a discussion about the historic and
 architectural merits of the house at 607 W. Clay Avenue. The building is in the transitional
 structure of the Victorian era with elements of the Greek Revival and Italianate, c. 1885.

HDC is mindful that the house is not presently located in any of the City's historic districts,
and, therefore, not under the jurisdiction of HDC. However, it is on the perimeter of the Clay-
Western district and within two blocks of the area of the national register !mown as the
Heritage Village.

It is the intention of the HDC to expand the historic districts to include a "scattered site"
district that includes those buildings and sites that merit HDC protection. It is with this in
mind that HDC wishes to express their deep concern for the loss of this house. By a
unanimous vote, it was the desire of the HDC to submit a letter to the Mayor and City
Commissioners expressing HDC' s concern with the loss of the historic home located at 607
W. Clay Avenue.

Thank you.

,,4,_/1,~zA-c,~
                  Commission Meeting Date: May 23, 2000




Date:         May 11, 2000
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Developmen@
RE:           Rezoning request for property located at 211 Irwin Ave.


SUMMARY OF REQUEST:

Request to rezone property located at 211 Irwin Ave. (SE corner of Irwin Ave. and Hoyt
St.), from R-1, Single-Family Residential to B-1, Limited Business.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request due to compliance with the future land use
map and Master Land Use Plan.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 5/10/00
meeting. The vote was:

             Yes:          Veltkamp, Abraham, Mazade, Nielsen
             No:           Sartorius, Coleman
             Absent:       Aslakson, Kleaveland, Smith




5/11/2000
              il
              w




---- ------


                   I
                   ...§




                   0
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                       ORDINANCE NO. 2024

 An ordinance to amend the zoning map of the City to provide for a zone change for certain property
                 from R-1 "Single-Family Residential," to B-1 "Limited Business"

THE CITY CO:MMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City ofMuskegon is hereby amended to change the zoning of the following
described property from R-1 "Single-Family Residential", to B-1 "Limited Business":

          LOT 4 OF BLOCK 272 OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON,
          MUSKEGON COUNTY, MICHIGAN

This ordinance adopted:

          Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson

          Nayes:_,_,_,,'-'-'-'-'---------------------------

Adoption Date:      dune 13, 2000
Effective Date:     July   1,   2000

First Reading:      May 23, 2000

Second Reading;     June 13, 2000


                                                   CITY OF MU~I-E
                                                                                                                                            s



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2000 Tax-Reverted Property                                                                                          --E
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2000 Tax-Reverted Property




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Memorandum
To:        Honorable Mayor and City Commission
CC:        Bryon Mazade, City Manager
           Gail Kundinger, City Clerk
From: Cathy Brubaker-Clarke, Director of Community & Economic DevelopmentC.&.....
Date: 06/13/00
Re:        Tax-Reverted Property




 Attached are maps depicting the properties being recommended for purchase from the
JW:ic;higan Department of Natural Resources, through the tax-reversion process. The
1:tt~l:loi.u: maps show the locations of the houses, with their addresses and parcel
hilrrf~~fsr. There are three houses with the potential for rehab (as opposed to two, as
l,'ri~i;\tjqni4 in the staff report), which are 314 Grand, 315 Catawba, and 204 W. Dale. If
'W~.fu-~µ_of;able to use these for rehab, through the HOME program, they can be
$!$if-ii:ill§ll~dat a later date. The remaining houses have been, or will be demolished (the
C::itz{wR»Xa do this whether or not the State owned the properties).
]lj~•~econd two maps depict the locations of the remaining tax-reverted lots.




Attachment




                                                                                               1
 I~ ft'\lund projects r2\308-3\ciwg\308-3,dwg         05/31/2000               10>11>04 AM EDT
Date:       June 13, 2000
To:         Honorable Mayor and City Commissioners
From:       Gail A. Kundinger, City Clerk
RE:         Fireworks Display - Summer Celebration




SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is
requesting approval of a fireworks display for June 29, July 4 & 9, 2000.
Fire Marshall Grabinski has reviewed the request and recommends
approval contingent on inspection of the fireworks and approval of the
insurance.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval.
                                                       2000-61(d)

                                                      PERMIT
                                   FOR FIREWORKS DISPLAY
                                       Act 358, P.A. 1968
            This permit is not transferable. Possession of this permit by the herein named person will
          authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
                                           at the place listed below only.


  TYPE OF DISPLAY:                   (X)    PUBLIC DISPLAY                                ( )      AGRICULTURAL PEST CONTROL


ISSUED TO:      Summit Pyrotechnics
                                                                                                                                                         : :..-

NAME            Steve Franklin
ADDRESS                                                                      AGE
                2866 Vandenberg Rd.

REPRESENTING
NAME OF ORGANIZATION, GROUP, FIRM OR CORPORATION
                Summer Celebration
ADDRESS



NUMBER & TYPES OF FIREWORKS:

               40 - 12 11                          900 - 6"
               40 - 10 11                          450 - 411
               80 - 8"                             ]200 - 3"

DISPLAY:
EXACT LOCATION
                    Barge - Muskegon Lake - off of Heritage Landing
CITY, VILLAGE, TOWNSHIP                         DATE                                                     TIME
                 -.June 2-9, 2000;.- July 4 and 9, 2000                                                  10: 20 p.m.

BOND OR INSURANCE FILED:                                              () NO                                       AMOUNT            $1,000,000.

ISSUED BY:
                          Issued by action of the MUSKEGON CITY COMMISSION
                                                                          (council. commiu ion, board)
                          ofthe       CITY                           of         MUSKEGON
                                       - (city, village, towruhip)                   (name of city, village, township)


                   on the _ _ _1_3_th_ _ _ day of                     -=J:=n=ec..,~,q._ _ __ >t»ZOOO
                                                                             ~                              -4,L -'
                                                                              Fred J. Ni elsen , Mayor
                                                                                 (signature & posicion of council, commission or board representative)
             JUN-06-2000             11=46                    FRANl(\t P~IOA TO t,ISµLAV

       s:·t. ,~0/' .J9£_ 'fr,                      5✓Y~-..-da~y----tctf',.;£.. L.-_s:~Xi..=o~w2,L________._ ___;

                                                                             A. A MOUNT OF BONO OR INSURANC E
 7, FINANCIAl. RESPONSIBI LI TY
1-----·-------·             ·-· - ------_._- ---~---
 B. B<'.INDINC COAPOA ATIO~ 0 ~ 1 NS~JAANC~ COMPANY: 'I A ME A.C,DRESS
                                                                                  110 ~ s~1   by muni~i~alityl

                                                                                              I                          ~-------,      . ./


                                                                                                                                                  TCTAL P.01
              . . un. I"        '000 2'33PM                 00 1 LIFF INSURif'CE                                                             Mc 79"'              p
    ACOBO.
                      '    <




                                'CERTIFICATE OF LIABILITY INSURANC~cG
                                                                    ITP
                                                                                                                                                  1

                                                                                                                                                          cl             oA~(MMn>DIVYl
                                                                                                                                                                           06/13/00
PRODUCER                                                                                      THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
                                                                                              ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Dolliff, Inc. Insurance                                                                       HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6465 Wayzata Blvd., Suite 850                                                                 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
St. Loui~ Park MN 55426
Phona: 612-593-7400 Fax:612-593-7444                                                                               INSURERS AFFORDING COVERAGE
IN5URl!D                                                                                    INSURER A:      Lexinaton Insurance ComnAnV
                                                                                            INSURER 8:
                  Summit Pyrotechnics Inc.
                  Steve Franklin                                                            IN!URERC:
                  2866 Vandenbefii Road                                                     INSURERD:
                  Muskegon MI 4 44
                                                                                            INSURERE:
                  '
COVERAGES
   THE "OLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N0lW1THSTANDING
   ANY Re:QUIREMENT, TERM OR CON Om ON OF ANY CONTRACT OR OTHER DOCUMENT Wfflf R.E5Pl:CTTOWlilCH             nus
                                                                                                         CfRTIFICATE MAY BE ISSUED OR
   MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERIIIS, EXCLUSIONS AND CONDllfONS OP SUCH
   POLICIES, AGGREGATE UMITSSHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.

'f-PC            TYPE OF INSURANCE                             POLICY NUMBER             hX%fl'r.,ifibr>rr~r=: -oA""i'EiMM1oom1                             LIMITS

        -GENERAL UA91LnY
 A - X COMMERCIAL GENERAL LIABILITY ~SD                                                    06/15/00 '            06/15/01
                                                                                                                                   eACH OCCU!'I.Rl!NCI!
                                                                                                                                   FIRE DAMAGE {Any on, fire)
                                                                                                                                                                     •      1,000,000
                                                                                                                                                                               50,000
   - ~ CLAIMS MADE ~ OCCUR
   ~ $2,500 Deductible
                                                                                                                                   MEO EXP{Any oneperaon!
                                                                                                                                   PERSONAL&AOV INJURY
                                                                                                                                                                  •' $
                                                                                                                                                                            Excluded
                                                                                                                                                                            1,000,000
   _ E•r ooouranoe                                                                                                                 GENERALAGGREOATE
                                                                                                                                                                  •• 1,000,000
        7
         GEN'L AGGRe:GATE LIMIT APPLIES PER:
              ,aucv   n        i:!'Ps   r-1 ,oc
                                                                                                                                   PftODUCTS • COMPfOP AGG
                                                                                                                                                                  • 1.000 ,000
        AUTOMOBILE L1AB!UTY
        ~


        ~
              ANY AUTO
                                                                                                                                   COMBINED SINGLE LIMIT
                                                                                                                                   (Ea accldentJ                  •
              ALL OWNED AUTOS                                                                                                      BODILY INJURY
        ~
                                                                                                                                   (Pu p•rson)                       $
              SCHEDULED AUTOS
        f--
        ~


        ~
              HIRl!DAUTO!
              NON-OWNED AUTOS
                                                                                                                                   BODILY ltJJURY
                                                                                                                                   (Per accld•nl)                 •
        ~
                                                                                                                                   PROPERTY DAMA.GE               $
                                                                                                                                   {Per accld.nt)



    R    GARAGE UAB!LITY

              ANVAUTO
                                                                                                                                   AUTO ONLY· EA ACCIDENT

                                                                                                                                   OTHER THAN
                                                                                                                                   AUTO ONLY:
                                                                                                                                                          EAAC¢
                                                                                                                                                            AGO $
                                                                                                                                                                  $

                                                                                                                                                                  •
        EXCESS i.lABILITY
        tJ    OCCUR        •         CLAIMS MACIE;
                                                                                                                                   EACH OCCURRfNCf
                                                                                                                                   AGGREGATE
                                                                                                                                                                  $
                                                                                                                                                                  $


    R         01:0UCTIBLE
                                                                                                                                                                  s
                                                                                                                                                                  •
              RE:TENTION
        WORKERS COMPENSATION AND
        ENPL.OYEFIS' LIABILnY
                                 I
                                                                                                                                       I iORV"t.iMTTs I
                                                                                                                                   E.L. EACH ACCIDENT
                                                                                                                                                            .
                                                                                                                                                            -
                                                                                                                                                                  $


                                                                                                                                                                  $
                                                                                                                                   E..L DISEASE- EA EMPLOYE! S
                                                                                                                                   1!,L, Dl!f"A!'I! • POLICY LIMIT $
        OTHER



                                                     'I
DESCRl"T!ON OF OPERATIONSfLOCATIONSNEHICLESJEXCLUSIONS ADDl!O S'!' !NOOI\S!Ml!.N'!'ISPECIAL PROVISIONS
•       Includ.c.is limit par di.splay-See attached addendum




CERTIFICATE HOLDER                        I N I ADDITIONAL INSURED; INSURER LETTER:        CANCELLATION
                                                                                            SHOULD ANY OF THE A50VI CESCRlBED POLICIES Bi CANCELLED BEFORE THE EXPIRATIOI
                                                                               MUSKEGO
                                                                                            DATE THEREOF, THE ISSUING INSURE~ WILL l:'NDt;AVOR TO MAIL               10      DAYS WRITTEN
                                                                                            NOTICE TO THI! CE!RTIFICAT!: HOLDER ~AMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL
                  City of Muskegon                                                          IMPOSE NO OBLIGATION OR LIABILITY OF A[jly_lQNO UPON 'n-lE INSURER, ITS AGENTS OR
                  City Hall
                  Muskegon MI                                                               REPRESEr,tTATIVES,                ...  ~
                                                                                                                                        -    -~

                                                                                                                                                       -
                                                                                                                             !, '-HA   ~   r;. pt';u,,,'
                                                                                                                                    n/.- ., • t,,:;
                                                                                           John G.B. AllQn
                  '
ACORD 2&-S 7197                                                                                                                   /#               @ACORD CORPORATION 19..

                                                                                                                             IJ
,un 13. 2000   2:33PM     DOLL I ff I NSUR.4NCE                                flo.79,8   P




   Swnmit Pyrotechnics, Inc.
   2866 Vandenberg Road
   Muskegon, MI 49444




                               ADDENDIJM


   Muskegon Summer Celebration, County of Muskegon and the city of Muskegon and all elected
   and appointed, all employees and volunteers, all board commissions or authorities and their
   board members, employees and volunteers are named as Additional Insureds with respect to
   Pyrotechnic Displays on the barge-Muskegon Lake 1,000' North of Heritage Landing for the
   dates: June 29, 2000, July 4, 2000, July 9, 2000, (rain date: TBD)
I
I

                                                                               -.·y · o,· F
                                                                             CIT -~
                                                                                     '     .
                                                                                         - ~-
                                                                                                ;


                                                                                                    -·   -
                                                                                                             :
                                                                                                                 ..   , _ )




                                                                         MUSKEGON
                                                                          CLERK'S
                                                                               O·FFICE




                facsimile cover sheet
                     77m !1/c C/4 o;y-           o ,,.
             To:     MifA lou~r                          Fax:


             From:       I ' /J                          Date:
                        L112da
             Re:                                         Pages:
                                                                       3
             CC:



             D Urgent        D For Review    D Please Comment     •   Please Reply                  D Please Recycle




        CITY CLERK'S OFFICE                               OFFICE # (231) 724-6705

                                                          FAX          # (231) 724-4178




    Sum,n er
            ,
    L       //1   s c1 rw/J c e..     0/1,
Date:       June 13, 2000
To:         Honorable Mayor and City Commissioners
From:       Gail A. Kundinger, City Clerk
RE:         Fireworks Display- GVSU 740 Shoreline




SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is
requesting approval of a fireworks display for June 15, 2000. Fire
Marshall Grabinski has reviewed the request and recommends approval
contingent on inspection of the fireworks and approval of the insurance.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval, subject to Fire Marshall
Grabinski's inspection and approval of insurance.
                                                     2000-61(e)
                                                     PERMIT
                                   FOR FIREWORKS DISPLAY
                                             Act 358, P.A. 1968
            This permit is not transferable. Possession of this permit by the herein named person will
          authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
                                          at the place listed below only.


  TYPE OF DISPLAY:                   (X~ PUBLIC DISPLAY                                  ( )      AGRICULTURAL PEST CONTROL

ISSUED TO:
                  Summit Pyrotechnics
NAME              Steve Franklin
ADDRESS                                                                     AGE
                  2866    Vandenberg Rd.

REPRESENTING
                      Grand Valley State University
NA.'vlE OF ORGANIZATION, GROUP; FIR.'.f OR CORPORATION


ADDRESS
                  740 Shoreline Drive

NUMBER & TYPES OF FIREWORKS:

                  20 - 3"    salutes



DISPLAY:          GVSU
EXACT LOCATION
                     740 Shorel ine Drive
CITY, VILLAGE, TOWNSHIP                         DATE                                                   11,',,ffi
                    June .l 5, 2000                                                            4:30 p.m.
BOND OR INSURANCE FlLED:                     0() YES                 ( ) NO                                        AMOUNT $1 , 000, 000.                  '
!$SUED BY:
                          Issued by action of the t,.,CTJSKEGON CITY COMMISSION
                                                                         (council, commiuion. board)
                          of the      CITY                          of       · MUSKEGON
                                         (city, v,ll,ge. ~wnship)                  (iwne o( city, village. "1wruhip)


                   on the __1_3_t_h_ _ _ _ day of



                                                                              Fred J. ~                        en, Mayor
                                                                                (s1gn1rurt Jc potil1on o( council, commis.sion or boud rcprescnl.ltive)
C·c:     &/; 6.
   FM- 32( 12- 68)
                                                                                   APPLICATION
                                                                    FOR FIREWORKS DISPLAY PERMIT                                                    I DATE OF    APPLICATION
                                                                           Act 358, P.A. 1968
                                                                                                                                                     ~-- f?-OCJ
                                                .
 l. TYPE OF DISPLAY:                                       ~ -      Public Display                                         D           Agr icultural Pest Cantral


 2, APPLICANT
  s .ME OF PERSON                                                               ADDRESS                                                                           AGE: Must be 21 or over

       .../ v'Vl   ,,vL 1 ' r
   IF A CORPORATION: Name of President
                                       ~        N7f e c:-kv,c.~                  A ~~t:.
                                                                                ADDRESS
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 3. PYROTECHNIC OPERATOR


                                                                                                                                             £1
                                                                                ADDRESS                                                                           AGE : Must be 21 or over

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   EXPERIENCE:                                                                                                                                                  t?.37..-vv,.,-J:3
   NUMBER OF YEARS                         I   NUMBER   OF DISPLAYS             WHERE

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   NAMES OF ASS ISTANTS:
   NAME                                                                         ADDRESS                                                                           AGE


   NAME                                                                         ADDRESS                                                                           AGE



 4. NON-RESIDENT APPLICANT
   NAME                                                                         ADDRESS


   Name of Michigan Attorney or Resident Agent                                  ADDRESS                                                                           TELEPHONE NUMBER



 S. EXACT LOCATION OF PROPOSED DISPLAY

                                                                                                                                                                  l-.// !f E:;,/JICYf1. i--
  GJv S~lL ____sde _
   DATE
                                                    I
                                                             t}/U     /?I1/5«-e~cJ,t__}     ~
                                                                                                   I TIME
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   & - it"3- -00                                                                                            1/, ·30 ,Ot/YL
 6. NUMBER AND KINDS OF F l REWORKS TO BE DISPLAYED


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   MANNER & PLACE OF STORAGE PRIOR TO D I SPLAY

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                                           ~        <; , ~       dcJJV
                                                                       /


                                                                 ( Subject to Approval of Local F ire Author i ties)

                                                                            I A.    AMOUNT OF BOND OR INSURANCE
 7. FINANC IAL RESPONSIB ILITY                                              I       I to be set by municipality)                         5
   B. BONDING CORPORATION OF                        INSURANCE COMPANY: NAME                        I   ADDRESS


                                                                           f SAA n t h Ar sir1A fnr i n s truction~)
                                                                       ClT'Y OF
                                                                   MUSKEGON
                                                                    CLERK'S
                                                                    OF.F·1·c E~~.   .' . :   . :~ !   .   ...:_




        facsimile cover sheet

                                                   Fax:


                                                   Date:        &,-      /]-0(')
        Re:                                        Pages:


        CC:


        0 Urgent     O For Review      •   Please Comment   •   Please Reply          D Please Recycle




CITY CLERK'S OFFICE                                 OFFICE# (231) 724-6705

                                                     FAX         # (231) 724-4178
                                           I
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                                                     I
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  /I]         th           t1;,-           ol
      AC.ORO~                    CERTIFICATE OF LIABILITY INSURANC~i11 I                                                                                                          0A'Tg (~Mlllrll'VY)
                                                                                                                                                                                     06/14/oo
 PRODUCER                                                                                         THIS CERTIFICATE IS 1ssueo 45 A MATT!ft 0~ INFORMATION
                                                                                                  ONLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Dolliff, :Cne _ In:!!!luranag                                                                     HOLDER. THI$ CERTIFICATE COES NOT AMEND, EXTliNC OR
6465 Wayiat~ Blvd., Suit~ 850                                                                     ALTER THE COVEIUGE AFFORCEO ~ THE POLICIES BELOW.
St. l.ou~• Park MN 55426
l!hone,612-593-7400 Fax:612-593-7444                                                                                  INSURERS AFFORDING COVERAGE
INSURED                                                                                        11\iSUrl.lRA:    Laxinoton In~urancg Com~anv
                                                                                               INSUHiRe;
                     Summit PyrotechnicB Inc.                                                  INSURER Cl
                     Steve Fra.nkl..in
                     2 8 6 6 Van<'ianb&ilj Eload                                               IIIISU.ll~R D:
                     14\l~kegon MI 49 44
                                                                                               INGUl\el\ E;
                     '
COVERA(lES
   '!"Hi POLICIES OF 1111$1,!~ANCI. LJSTEO B'E!.OW HIM! BEi!N ISSUED TOTH!; l~SU~l!D NAM!D AflOVt. l'Olll 1'f11! ~LICY PERIOD INDIOATED, NO'fWITtlST.A.NDING
   ANY f\EQUIRi!MENT, llifl.M Qf( C:QNDITION 01' ANY CON'fflACT CR OTHER DOCUIIIINT WfTl-1 l'{S'fiPliCT TO WHICH TH lb ¢CP,i,1!!1eATi. MAYBE ISSUED OR
     MAY PERTAIN, TH£ /NSUAANCEAFFORDi'1 &VTHE l'QLIClfiS DESCRIBED 1-ll!!~l!lt-l IS SUBJl!CTTO ALL THE TERMS, EXCLUSIONS ,11,N[) WONi;JITION5 OF SUCH
     POLt¢flS, AGiGRiGATE UMITS SHOWN MI\V MAVE BEi=N REDUCED BY PA\11 CLAlfl!ll,

'i.1"               TYPE OF INSURANCE                            POLICY NUM!lffl              bATif(~ :ti/MM/OD                                                    LIMlTS



 A
        ~Nl!!ML I-IA..BIUiY

        Ji      COMMIR.C:IAI. (illjiNiRAL LIABJLl'l'V :!'130                                   06/15/00             06/15/01
                                                                                                                                      EACH OCCURRENC'6
                                                                                                                                      1"11\1'! DAMAGE !Any on.~ littl
                                                                                                                                                                            • $
                                                                                                                                                                                       1,000 000
                                                                                                                                                                                          50.000
                        ~ QCCU"                                                                                                       MS:C EXP {Any ~l'lt p11.,.1m)                   E>:ol1,1d.n G.B.          Allen
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