City Commission Packet 05-27-2014

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    CITY OF MUSKEGON
      CITY COMMISSION MEETING
                        MAY 27, 2014
   CITY COMMISSION CHAMBERS @ 5:30 P.M.
                               AGENDA

□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. 2014-2017 Water Treatment Chemical Bids. PUBLIC WORKS
     C. Contract for    Mowing    Services.      PLANNING     &   ECONOMIC
        DEVELOPMENT
     D. Scott and Joes World Dogs Concession Contract for City of Muskegon
        Parks. PUBLIC WORKS
     E. Concession Contract for City of Muskegon Parks. PUBLIC WORKS
     F. Operations Management Contract:  Farmers’ Market Commercial
        Kitchen. PLANNING & ECONOMIC DEVELOPMENT
     G. 2014-2015 Michigan Municipal League Membership Dues. CITY CLERK
     H. Approval of Building Contract for 2355 Lincoln.       COMMUNITY &
        NEIGHBORHOOD SERVICES
□ PUBLIC HEARINGS:
     A. Request for the Establishment of an Industrial Development District at
         2306, 2320, and 2350 S. Getty Street. PLANNING & ECONOMIC
         DEVELOPMENT
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►   Reminder: Individuals who would like to address the City Commission shall do the following:
►   Fill out a request to speak form attached to the agenda or located in the back of the room.
►   Submit the form to the City Clerk.
►   Be recognized by the Chair.
►   Step forward to the microphone.
►   State name and address.
►   Limit of 3 minutes to address the Commission.
►   (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE CUMMINGS, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231)
724-6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Date:     May 27, 2014
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Cummings, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the May 12th
Commission Worksession Meeting, and the May 13th City Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                        City of Muskegon
                                  City Commission Worksession
                                          May 12, 2014
                                   City Commission Chambers
                                             5:30 PM

                                           MINUTES

2014-34
Present: Commissioners Rinsema-Sybenga, Gawron, Johnson, German, Turnquist, and Spataro.
Absent: Hood.

Sister Cities Presentation.
Ann Cummings, City Clerk, announced a Celebrity Waiter Fundraiser for Sister Cities on
Thursday, June 19, 2014.

2014-15 Healthcare Renewal.
It is time to renew the City's healthcare coverage for 2014-15 plan year (6/1/14/-5/31/15).
Renewal premiums for the city's current healthcare program came in at an 11.68% increase over
the current year. However, by changing to an 80/20 coinsurance plan and increasing the
deductible from $1,000/$2,000 to $2,000/$4,000, the net result is a premium decrease of 2.62%
from the current year. Last year we experienced a 5.04% increase and in 2012-13 the increase
was 7.9%. In comparative terms, many employers are experiencing sharp double-digit rate
increases. Also, the City's healthcare costs remain well below the “hard cap limits” set by PA
152 and remain cost competitive with the standards set by EVIP for new hires. These are good
independent indicators that the City's program is cost-effective.

For 2014-15, the City will continue to pay the HRA deductible if the employee and spouse
completed the four-step wellness initiative prior to April 30th; non-participants in the wellness
program will continue to pay the first $500 (single)/$1,000 (double/family) of the deductible.

Julie Balgoolyn, the city’s insurance representative, stated nine city employees reached the
deductible last year. The 80/20 will take place once the deductible is met. Most employees will
not realize a significant difference.

Derick Smith, Finance Director, explained the overall program.

This item will be placed on the May 13, 2014 City Commission meeting for Consideration.

Civil Service Recommendations.
The Civil Service Commission is proposing the Commission consider placing a question on the
ballot eliminating the rule of three under the current Civil Service rules. The rule of three allows
the top three candidates with the highest scores to be interviewed by a department. The
department must select one of the three. Under the new proposal, all qualified applicants with a
passable score may be considered for hire.

The City Commission has asked that ballot language be drafted for review.

Beach Warning System.
Westshore Emergency Systems, Allendale, Michigan, is currently creating a system similar to an
advanced weather alert system for the beach. If approved, the system, a cement tower that is 30
feet tall, would be placed at the breakwater at Pere Marquette and by the Water Filtration plant.
Several lights would activate when the waves hit three feet or more. A very clear and concise
chime would be heard on the beach when the system is activated. It would be activated during
the most popular times to swim, but not in the evenings. The system could be in place by mid
July. It is a pilot program and is estimated to cost between $60,000 and $70,000. Annual
maintenance is estimated to be $800. Some private donors have indicated they would donate
towards this endeavor.

Commissioners requested staff to continue research into a system that may fit the needs of the
city.

Adjournment.
Motion by Commissioner German, seconded by Commissioner Spataro to adjourn at 6:31
p.m.

                                                                           MOTION PASSES



                                                            ____________________________
                                                             Ann Marie Cummings, MMC
                                                                        City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         MAY 13, 2014
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                               MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, May 13, 2014.
Mayor Gawron opened the meeting with a prayer from Vice Mayor Spataro
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Willie German, Dan Rinsema-Sybenga, Byron Turnquist, and Ken
Johnson, City Manager Franklin Peterson, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
Absent: Commissioner Eric Hood (excused)
2014-35 HONORS AND AWARDS:
     A. Muskegon High School Big Reds Basketball Team – 2014 State
        Champions.
     B. Deshaun Thrower – Hal Schram Mr. Basketball Trophy.
Mayor Gawron congratulated the coach and members of the Muskegon High
School Big Reds Basketball Team as the 2014 State Champions. Deshaun
Thrower was unable to attend the meeting due to being away at school.
2014-36 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the April 22nd City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. Memorandum of Understanding – Justice Assistance Grant.       PUBLIC


                                                                           1
          SAFETY
SUMMARY OF REQUEST:        The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the FY 2014 Justice Assistance Grant. It if further
requested that the Mayor be authorized to sign the Memorandum of
Understanding. Note that time is of the essence as this grant requires a 30 day
governing body review period before the grant submission and the grant
deadline is June 10.
Although the Bureau of Justice Assistance has designated us as being in a
disparate funding situation due to the County providing more than 50% of the
jail facilities, our proposal is to keep the allocations exactly as they initially came
down from the BJA which is as follows: County of Muskegon $0; City of
Muskegon $30,709 and City of Muskegon Heights $19,903. Note that BJA uses
crime data versus population in making these allocation decisions.
The City of Muskegon portion is planned to be used in continuation of the
manner in which the previous year’s JAG funding was used which is for the
prosecution of city ordinance cases dealing primarily with neighborhood issues.
A prosecutor was hired specifically for this under a previous fiscal year JAG
Grant.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of this request.
      D. Interlocal Agreement – 2014 Port Security Grant. PUBLIC SAFETY
SUMMARY OF REQUEST:           The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the County of Muskegon in regards to the 2014 Port Security
Grant. It is further requested that the Mayor be authorized to sign the Interlocal
Agreement.
The City of Muskegon portion of this project will be approximately $90,000 and is
planned for Fire Communications Equipment and Police Cyber-Crime
Equipment and Training. The grant requires a 25% local match. Thus the federal
dollars will be approximately $67,500 and the local match approximately
$22,500.
FINANCIAL IMPACT: The local match is planned to either come from existing
budget line items or to be in-kind.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of this request.


                                                                                     2
      E. Farmers’ Market – ATM Lease. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Fifth Third Bank has donated a significant amount to the
new downtown Muskegon Farmers’ Market. They also anticipate partnering
with the Farmers’ Market in the future for educational endeavors and events.
Due to this partnership, Fifth Third is providing an ATM at the new Farmers’
Market. The location of the ATM will be to the north of the main entrance to the
Farmers’ Market building office/commercial kitchen.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the lease agreement and authorize the
Mayor and Clerk’s signatures.
      G. Finance Division Restructure. FINANCE
SUMMARY OF REQUEST: As described in the memo, staff is recommending the
restructure of the Finance Division. The main elements of this restructure are: 1)
appointment of Kenneth Grant as City Treasurer, 2) elimination of the Income
Tax Administrator/Deputy Treasurer position to be replaced with the Treasury
Services Supervisor position.
FINANCIAL IMPACT: The proposed restructure will save approximately $33,000
annually.
BUDGET ACTION REQUIRED: We anticipate this restructure to be incorporated
into the 2015 budget process.
STAFF RECOMMENDATION: Approval.
      I. Charter Communications – METRO Act Permit. ENGINEERING
SUMMARY OF REQUEST: Approve the request for a permit from Charter
Communications and authorize the Mayor to sign the permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the permit and sign the documents.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to adopt the
Consent Agenda with the exception of items C, F, and H.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Spataro
            Nays: None
MOTION PASSES
2014-37 ITEMS REMOVED FROM THE CONSENT AGENDA


                                                                                3
      C. Memorandum of Understanding – 2014 Project Safe Neighborhoods.
         PUBLIC SAFETY
SUMMARY OF REQUEST:        The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the County of Muskegon and City of Muskegon Heights in
regards to the 2014 Violent Gang and Gun Reduction (Project Safe
Neighborhoods) Grant. It is further requested that the Mayor be authorized to
sign the Memorandum of Understanding on behalf of the City of Muskegon.
The City of Muskegon portion of this project, should the grant be approved, will
be $60,640 which will be used for targeted enforcement activities at gang/gun
crimes as well as analysis leading to those areas needing this targeted
enforcement, above what would be possible under our regular budget.
This is a multijurisdictional project involving the County Prosecutor, Muskegon
and Muskegon Heights Police Departments, the U.S. Attorney’s Office as well as
other agencies to address not only the enforcement piece but also the
prosecution of gang and gun activities at the highest level possible. The total
grant amount being applied for is $300,000.
FINANCIAL IMPACT: None, this grant does not require a match.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of this request.
Motion by Vice Mayor Spataro, second by Commissioner German to adopt the
agreement regarding the Safe Neighborhoods Grant.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Spataro, and
           German
            Nays: None
MOTION PASSES
      F. Farmers’ Market – First Amendment            to   Purchase   Agreement.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Due to the weather conditions during the winter of
2013-2014, the construction of the new downtown Farmers’ Market has taken
longer than anticipated. Although the Farmers’ Market was able to open as
scheduled, on May 3, 2014, the entire construction will not be complete until just
prior to the Grand Opening on May 24, 2014. Therefore, it was necessary to
enter into an “Amendment to Purchase Agreement”. The Amendment allows
for the Farmers’ Market operation prior to the official closing on the property,
with the City “fully responsible for any and all liability related to operating the
farmers’ market” during that time. The closing is moved to July 3, 2014, or
before.


                                                                                 4
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “First Amendment to Purchase
Agreement” and authorize the City Manager’s signature (after the fact).
Motion by Commissioner German, second by Commissioner Johnson to
approve the “First Amendment to Purchase Agreement” and authorize the City
Manager’s signature after the fact.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Spataro, German, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
     H. Small Distiller License. CITY CLERK
SUMMARY OF REQUEST:             The Liquor Control Commission is seeking local
recommendation on a request from Cody Wasilchenko, Distillery 43 LLC, for a
Small Distiller License to be located at 435-441 W. Western Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
approve the small distiller license request.
ROLL VOTE: Ayes: Johnson, Gawron, Spataro, German, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
2014-38 NEW BUSINESS:
     A. 2014-2015 Healthcare Renewal. FINANCE
SUMMARY OF REQUEST: It is time to renew the City's healthcare coverage for
2014-15 plan year (6/1/14- 5/31/15). Renewal premiums for the City's current
healthcare program came in at an 11.68% increase over the current year.
However, by changing to an 80/20 coinsurance plan and increasing the
deductible from $1,000/$2,000 to $2,000/$4,000, the net result is a premium
decrease of 2.62% from the current year. Last year we experienced a 5.04%
increase and in 2012-13 the increase was 7.90%. In comparative terms, many
employers are experiencing sharp double-digit rate increases. Also, the City’s
healthcare costs remain well below the “hard cap limits” set by PA 152 and



                                                                            5
 remain cost competitive with the standards set by EVIP for new hires. These are
 good independent indicators that the City’s program is cost-effective.
 For 2014-15, the City will continue to pay the HRA deductible if the employee
 and spouse completed the four-step wellness initiative prior to April 30th; non-
 participants in the wellness program will continue to pay the first $500 (single)/
 $1,000 (double/family) of the deductible.
 FINANCIAL IMPACT: Following is an estimate of gross premium costs for the Priority
 Health HMO program compared with the current healthcare plan year:


                                                       2014‐15                                                              2013‐14
                             Single                 Double                  Family                  Single                 Double                   Family
Monthly  Premium          $ 421.37             $     948.08             $ 1,137.70              $   432.74            $       973.67            1,168.40
Rate  Change                   (2.62%)                   (2.62%)                (2.62%)                  5.04%                   5.04%                  5.04%
Annual  Premium              5,056.44                 11,376.96              13,652.40                5,192.88               11,684.04              14,020.80
Current # Employees                       33                       34                     118                    33                       34                 118
Total  Annual  Premium     166,862.52               386,816.64          $  1,610,983.20             171,365.04             397,257.36          $ 1,654,454.40
                                                   2,164,662.36                                                           2,223,076.80
Add: HRA Deductibles Paid by City                   160,000.00                                                             134,356.52
Less: 10% Employee  Premium Copays                 (216, 466.23)                                                          (222, 307.68)
Equals: Employer Cost                          $2,108,196.13                                                          $2,135,125.64


                                    2014 PA 152 Hard Cap Limits                                          2013 PA 152 Hard Cap Limits
                          $    5,857.58        $ 12,250.00              $ 15,975.23             $ 5,692.50            $ 11,385.00              $    15,525.00
                           193,300.14               416,500.00            1,885,077.14              187,852.50             387,090.00           1,831,950.00


                                               $2,494,877.28                                                          $2,406,892.50


 Full-time City employees pay 10% of the above premium costs through payroll
 deduction.
 BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be
 included in the forthcoming 2014-15 budget.
 STAFF RECOMMENDATION: Authorize staff to execute documents with Priority
 Health to renew employee healthcare coverage for the coming year with an
 80/20 coinsurance and $2,000/$4,000 deductible.
 Motion by Commissioner Johnson, second by Commissioner German to
 authorize staff to secure agreement with Priority Health to renew employee
 healthcare coverage for the coming year.
 ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
            Johnson



                                                                                                                                                                   6
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:15 p.m.


                                       Respectfully submitted,




                                       Ann Marie Cummings, MMC
                                       City Clerk




                                                                  7
Date:       May 27, 2014
To:         Mayor and City Commission
From:       Dept. of Public Works - Director
RE:         2014-2017 Water Treatment Chemical Bids



SUMMARY OF REQUEST:
Recommend endorsement of lowest responsible bidder to supply
Aluminum Sulfate and Hydrofluorisilicic Acid to the water filtration plant.
FINANCIAL IMPACT:
Annual cost of $91,875 for Aluminum Sulfate and $31,430 for
Hydrofluosilicic Acid. (Based on average annual water pumped to
mains).
BUDGET ACTION REQUIRED:
None, these treatment chemicals have been budgeted.
STAFF RECOMMENDATION:
Staff recommends the Mayor and City Commission endorse the low bids
received and enter into a three year contract with USALCO as the
supplier of Aluminum Sulfate and Key Chemical as the supplier of
Hydrofluorisilicic Acid.
                                       MEMORANDUM

                                           5/27/2014

TO:            M. AL-SHATEL – DPW DIRECTOR

FROM:          KEVIN HERBERT- FILTRATION PLANT

RE:            CHEMICAL BIDS – WATER FILTRATION



BACKGROUND

In 1996 the Water Filtration Plant began the process of competitively bidding water treatment
chemicals jointly with the cities of Grand Haven, Grand Rapids, Wyoming, Muskegon Heights
and Holland. The groups’ bids are commonly addressed as the “West Michigan Cooperative
Purchasing Group”. Three water treatment chemicals are bid through the cooperative:

Sodium Hypochlorite
Hydrofluorisilicic Acid (Fluoride)
Aluminum Sulfate

CHEMICAL BIDDING FOR 2014

The competitive bidding process is performed by the City of Grand Rapids (aluminum sulfate,
and hydrofluosilicic acid) and the City of Holland (sodium hypochlorite). The sodium
hypochlorite bids were presented and approved at the April 8, 2014 commission meeting for 1
year contract. The two communities have different expiration dates on chemical contracts; I am
requesting approvals for the second contract bid by Grand Rapids for the aluminum sulfate and
hydroflousilic acid contracts for a 3 year term.

Attached are the bidding documents with the three year costs averaged.

Aluminum Sulfate:
With 33 bidders solicited, the lowest averaged yearly cost for a 3 year contract was USALCO at
$338.50/ dry ton/yr.

Hydrofluorisilicic Acid:
With 22 bidders solicited the lowest averaged yearly cost for a 3 year contract was Key
Chemical at $448.99/ton/year.

It is my recommendation that we request the Mayor and City Commission to approve the lowest
cost bids as follows:

Aluminum Sulfate: USALCO for a 3 year contract at an approximated usage of 525 tons/year or
$91,875.00/ year.

Hydrofluorisilicic Acid: Key Chemical for a 3 year contract at an approximated usage of 70
tons/yr. or 31,430.00/ year.
                                                                                        Page 1 of 1
                                                                  BID TAB
BID REF #885-77-13                                   ITEM 1
BID OPENING DATE: April 23, 2014                 Co-op Purchase
FOR: Bulk Chemicals, Aluminum Sulfate             and Delivery,
# BIDDERS SOLICITED: 33                          Bulk Aluminum
BUYER: TW                                         Sulfate Acid
DEPT: Lake Filtration Plant                         $/Dry Ton

                                        Year 1

                                        Year 2

                                        Year 3                         3 YEAR AVERAGE

                                                    $333.00
   USALCO
                                                    $333.00              $338.50

                                                    $349.50

                                                    $450.00
   Chemtrade Chemicals US LLC
                                                    $460.00              $460.00

                                                    $470.00

                                                    $325.00
   Kemira Water Solutions
                                                    $341.25              $341.52

                                                    $358.31
                                                                                                           Page 1 of 1
                                                                                BID TAB
BID REF #885-66-08                                                   ITEM 1
BID OPENING DATE: March 19, 2014                             Cooperative Purchase,
FOR: Bulk Chemicals, Hydrofluorisilic Acid (HFS)            West MI Co-Op Agencies:
# BIDDERS SOLICITED: 22                                        820 tons annually,
BUYER: TW                                                     Hydrofluorisilic Acid
DEPT: Lake Filtration Plant                                           $/Ton

                                                   Year 1

                                                   Year 2

                                                   Year 3                                 3 Year Average

                                                                    $700.00
    Rowell Chemical
                                                                    No Bid

                                                                    No Bid

                                                                    $549.00
    PVS Nolwood
                                                                    $549.00                 $549.00

                                                                    $549.00

                                                                    $512.00
    Alexander Chemical
                                                                    $512.00

                                                                    No Bid

                                                                    $479.00
    Mosaic Crop Nutrition
                                                                    $479.00                 $487.00

                                                                    $503.00

                                                                    $443.00
    Pennco Inc
                                                                    No Bid

                                                                    No Bid

                                                                    $448.99
    Key Chemical
                                                                    $448.99                 $448.99

                                                                    $448.99
                       Commission Meeting Date: May 27, 2014




Date:          May 16, 2014
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development
RE:            Contract for Mowing Services


SUMMARY OF REQUEST:

To approve a two-year contract with the Sheldon Park Neighborhood Improvement Association for
the maintenance of two City owned lots in the Sheldon Park neighborhood.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Authorize execution of the contract. The responsibility for cleaning and mowing these lots would
belong to the Association rather than the City and would extend through 2015. The City's estimated
cost of $1000.00 to maintain the lots over this period would then be donated to the Association. The
neighborhood has maintained the lots for several years under similar agreements and has done a great
job.




                                                                                                  1
                         CITY OF MUSKEGON
            NEIGHBORHOOD CITY LOT MAINTENANCE AGREEMENT


        THIS AGREEMENT effective May 1, 2014 is made between the CITY OF
MUSKEGON, 933 Terrace Street, Muskegon, Michigan (“City”) and the SHELDON
PARK NEIGHBORHOOD IMPROVEMENT ASSOCIATION, of 1128 Roberts Street,
Muskegon, Michigan (“Sheldon Park”), because Sheldon Park wishes to accomplish and
perpetuate the maintenance of the City owned lots on the attached Exhibit A (“the lots”)
for the betterment and beautification of their neighborhood, and because the City wishes
to encourage neighborhood associations such as Sheldon Park in this way and in general
involvement in the neighborhoods of the City.

       THEREFORE THE PARTIES AGREE:

       1.      Maintenance of the City Lots. Sheldon Park shall maintain the lots, by
mowing or by any other action required, and use its best efforts to ensure that the
properties are maintained in accordance with applicable City codes and ordinances.

        2.      Compensation. In return for Sheldon Park’s services and its interest in the
neighborhood, the City agrees to pay the sum of $1000.00 to Sheldon Park, for its general
purposes including but not limited to materials and improvements on the lots, but further
for the general purposes of Sheldon Park in its work as a neighborhood improvement
association.

       3.      Special Conditions.

               3.1 Sheldon Park agrees that it will not employ persons to accomplish the
                  maintenance of the lots, but that members of Sheldon Park will do the
                  work. The persons actually accomplishing the services or services
                  related to the work on the lots shall not be compensated, except to
                  reimburse any personal out-of-pocket expenditure in connection with
                  the work.

               3.2 Sheldon Park agrees that it has inspected the lots, and further has
                  determined that there are no hazards or dangerous conditions on the lots
                  that may be expected to cause injury. In the event that Sheldon Park or
                  any of its volunteers becomes aware of any such condition, Sheldon
                  Park agrees to notify the City immediately.

               3.3 Sheldon Park agrees to obtain a waiver on the form attached as Exhibit
                  B from each person performing the work as a volunteer and deliver the
                  same to the City before said volunteer’s work begins.


                                             1
              3.4 The persons volunteering to do the work shall not be considered City
                  employees. They shall not be subject to City control or supervision.
                  However, each volunteer working on behalf of Sheldon Park shall be
                  considered a volunteer acting on behalf of a governmental agency for
                  purposes of meeting the requirements of MCL Section 691.1407, which
                  provides immunity from tort liability for an injury to a person or
                  damage to property caused by a volunteer while acting on behalf of a
                  governmental agency.

              3.5 Sheldon Park shall maintain records of all volunteers who work on the
                  lots, including the amount of time spent, the date completed and the
                  type of work performed. Said records shall be made available to the
                  City upon request.

       4.       Term of the Agreement. This agreement shall have a term of May 1,
2014 through December 31, 2015. Payments for work completed shall be made at
reasonable intervals during the term of this agreement. Continuing payment shall be
contingent upon satisfactory completion of all necessary work. Either party may
terminate this agreement with 30 days advance notice.

                IN WITNESS WHEREOF, the parties execute this agreement effective on
the date set forth above.
                               CITY OF MUSKEGON

Dated:               , 2013         By
                                      Steve Gawron
                                      Vice-Mayor

Dated:               , 2013         By
                                      Ann Marie Cummings, MMC
                                      City Clerk

                                    THE SHELDON PARK NEIGHBORHOOD
                                    IMPROVEMENT ASSOCIATION


Dated:               , 2013         By


                                    Its




                                      EXHIBIT A


                                           2
           LOCATION AND LEGAL DESCRIPTIONS OF CITY LOTS



Parcel # 24-190-001-0001-00

Northwest corner of Evanston and Oak Grove Street          Castenholz Grove Annex
                                                           Lots 2 to 6 Incl Blk 1



Parcel # 24-750-000-0003-00

South side of McLaughlin Avenue just east of Burton Road   Samburt Park Addition
                                                           Lot 3 & W ½ Lot 4




                                    EXHIBIT B

                                     WAIVER




                                          3
         I,                                                       of

                       , Muskegon, Michigan, do hereby waive any and all claims against
the City of Muskegon which may arise as a result of my suffering any injuries or damages
in the course of my working on City property pursuant to an agreement between the
Sheldon Park Neighborhood Improvement Association and the City of Muskegon, for the
maintenance and improvement of the City property. I expressly state that I am working as
a volunteer, without any remuneration, and that I am aware of the condition of the
properties upon which I will be working.

Dated:                       , 201

WITNESSES:




                                           4
                              AGENDA ITEM NO._____________

                  CITY COMMISSION MEETING ___________________



TO:            Honorable Mayor and City Commission


FROM:          Department of Public Works


DATE:          May 27, 2014


SUBJECT:       Scott and Joes World Dogs Concession Contract for City of Muskegon Parks.


SUMMARY OF REQUEST:
Staff is asking permission to enter into 1-year contractual agreement with Joe Ives of “Scott and
Joes World Dogs” at Pere Marquette Park, located within the City of Muskegon, to sell hot dogs
and other snacks/drinks from a mobile self-contained food trailer.


FINANCIAL IMPACT:
Concession revenue is 10% of gross receipts.


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Authorize DPW staff to enter into concession agreement with Joe Ives of Scott and Joes World
Dogs.


COMMITTEE RECOMMENDATION:
                                 jjj


                     Chicago Dog
Relish, mustard, onions, pickle, tomatoes, sport peppers       $3.50
            Celery salt, on a poppy seed bun

                     Mexican Dog
                                                               $3.50
 Chili sauce, cheese, salsa, green chilies, tortilla chips

                    Southern Dog
                                                               $3.00
        BBQ sauce, chili sauce, coleslaw, pickle

                    American Dog
                                                               $3.00
      Chili sauce, cheese, relish, mustard, onions

                     German Dog
                                                               $3.00
           Chili sauce, mustard, sauerkraut

                     Carolina Dog
                                                               $3.00
   Chili sauce, cheese, coleslaw, onions, with old bay

                     Russian Dog
                                                               $3.00
      Swiss cheese, sauerkraut, Russian dressing

                       Plain Dog
                                                               $2.00
                   Ketchup & mustard

                    Walking Taco
                                                               $2.50
      Chili sauce, cheese, lettuce, tomato, onions

                         Nachos                                $2.00


                         Fries                      SM $2.00 LG $3.00


                Candy Bars, popcorn $1.00
                           Chips $0.50
                          Drinks $1.00
                             AGENDA ITEM NO._____________

                  CITY COMMISSION MEETING ___________________



TO:           Honorable Mayor and City Commission


FROM:         Department of Public Works


DATE:         May 27, 2014


SUBJECT:      Concession Contract for City of Muskegon Parks.


SUMMARY OF REQUEST:
Staff is asking permission to enter into 1-year contractual agreement with David Porter at Pere
Marquette Park, located within the City of Muskegon, to sell various food items out of a vehicle
on stationary tables and coolers.


FINANCIAL IMPACT:
Concession revenue is 10% of gross receipts.


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Authorize DPW staff to enter into concession agreement with David Porter.


COMMITTEE RECOMMENDATION:
               Commission Meeting Date: May 27, 2014




Date:           May 20, 2014
To:             Honorable Mayor & City Commission
From:           Planning & Economic Development Department
RE:             Operations Management Contract: Farmers’
                Market Commercial Kitchen


SUMMARY OF REQUEST: The new Farmers’ Market downtown includes a Commercial
Kitchen.      The intended use of the kitchen is for incubator space, as well as
classroom/education. The ultimate goal is to have the Kitchen used 24/7. In order to market
the facility, as well as manage the usage, collect rent, etc., a Kitchen Manager is needed.
Proposals were requested for this and Pioneer Resources was the only proposal received.
The City has negotiated with Pioneer Resources for their management services, with the
resulting Contract. It is difficult to know exact costs and services needed at this point, since it
is new for all of us. Therefore, the Contract term is only six months to start. It is anticipated
that both the City and the Manager will have a better understanding of operations and costs
at the end of the six month term. Meanwhile, we are confident that Pioneer is the best
company to manage the Kitchen, as they have experience with food service and operations
and management.



FINANCIAL IMPACT: Per the terms of the Contract, the Manager shall provide the staffing,
management and operations of the facility. The City shall pay for the utility costs. The
Manager shall track revenue and expenses and turn over any net proceeds to the City.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the attached Contract and authorize the Mayor
and Clerk’s signiture’s.
Date:    May 27, 2014
To:      Honorable Mayor and City Commissioners
From:    Ann Cummings, City Clerk
RE:      2014-2015 Michigan Municipal League
         Membership Dues


SUMMARY OF REQUEST: Approval to pay the 2014-2015 MML dues
in the amount of $9,495. This is an increase of $149.


FINANCIAL IMPACT:
MML Dues                $8,632
Legal Defense Fund      $ 863
Total                   $9,495


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval.
                     Commission Meeting Date:                   May 27, 2014

Date:         May 21, 2014

To:           Honorable Mayor & City Commission

From:         Community and Neighborhood Services Department

RE:           Approval of Building Contract for 2355 Lincoln
____________________________________________________________________________________________

SUMMARY OF REQUEST: To award the Building Contract for the construction of
a new home located at 2355 Lincoln to JD Fisher Builders, in the amount of
$138,270, with an additional $3700 for bedroom/bathroom construction in the
basement, for the City of Muskegon’s Homebuyers Program through CNS.
CNS received 5 bids as listed on the attached memorandum and the cost estimate
from our spec writer was $142,300 base bid with an addition $7200 for
bedroom/bathroom construction in basement.
FINANCIAL IMPACT: The funding for this project has been secured through the
HOME program 2013 grant allocation.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To award JD Fisher Builders the contract for the
construction of 2355 Lincoln, in the amount of $138,270 (with additional $3700) for
the Community and Neighborhood Services Department.
COMMITTEE RECOMMENDATION: None required.
                                                         Community and
                                                      Neighborhood Services
                                                           City of Muskegon
MEMO                                                       933 Terrace Street
                                                             Second Floor
                                                          Muskegon, MI 49442
                                                           Ph: 231-724-6717
                                                           Fax: 231-726-2501



Date:       May 15, 2014
To:         Bidding Contractors 2355 Lincoln
From:       Oneata Bailey, Director of Community and Neighborhood Services
Re:        Bid Results for 2355 Lincoln – New Construction
______________________________________________________________________

Below are the bid results for the 2355 Lincoln - New construction project recently
put out to bid by the City of Muskegon CNS department.


           NAME OF COMPANY                             BASE BID TOTAL


           J D Fisher Builders                            $138,270.00
           TK Construction of Michigan LLC                $149,083.47
           RJM Remodeling                                 $152,702.00
           ALLR Contracting                               $167,000.00
           Kramer Builders                                $167,330.00


We will be reviewing the bids for accuracy and evaluating the past workmanship,
ability to finish projects on time, etc.

If you have any questions, please contact me at 231-724-6717.

OB/lh
                     Commission Meeting Date: May 27, 2014




Date:         May 21, 2014
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing - Request for the establishment of an Industrial
              Development District at 2306, 2320 & 2350 S Getty St


SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, Port City Architectural Signage has
requested to establish an Industrial Development District at 2306, 2320 & 2350 S Getty St.
The company owns buildings at all three sites and will eventually be making improvements
to real and personal property. The establishment of the district will allow the company to
become eligible for Industrial Facilities Tax Abatements (IFTs).

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the establishment of the Industrial Development District.

COMMITTEE RECOMMENDATION:

None




5/21/2014
                                           Resolution No. _______

                                      MUSKEGON CITY COMMISSION

RESOLUTION APPROVING AN INDUSTRIAL DEVELOPMENT DISTRICT AT 2306, 2320 & 2350 S Getty St
                               MUSKEGON, MI 49444
                        PORT CITY ARCHITECTURAL SIGNAGE



WHEREAS, pursuant to PA 198 of 1974, as amended, the City Commission of the City of Muskegon has the
authority to establish an Industrial Development Districts within the City of Muskegon; and

WHEREAS, Port City Architectural Signage has petitioned the City Commission of the City of Muskegon to
establish an Industrial Development District on its property located in the City of Muskegon hereinafter
described; and

WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not commenced at the
time of filing the request to establish this district; and

WHEREAS, written notice has been given by mail to all owners of real property located within the district, and to
the public by newspaper advertisement in the Muskegon Chronicle and public posting of the hearing on the
establishment of the proposed district; and

WHEREAS, on May 27, 2014 a public hearing was held at which all owners of real property within the proposed
Industrial Development District and all residents and taxpayers of the City of Muskegon were afforded an
opportunity to be heard thereon; and

WHEREAS, the City Commission of the City of Muskegon deems it to be in the public interest of the City of
Muskegon to establish the Industrial Development District as proposed.

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the following
described parcel of land situated in the City of Muskegon, Muskegon County, and State of Michigan, to wit:

CITY OF MUSKEGON COM @ SW COR SEC 33 T10N R16W TH N 00D 46M 24S E ALG W LN SD SEC
1873.90 FT TO POB TH S 89D 57M 31S E 189.98 FT TH N 01D 01M 20S E 128.54 FT TO CL BARNEY AVE
TH N 89D 59M 14S W 190.53 FT ALG SD CL TO W LN SD SEC 33 TH S 00D 46M 24S W ALG SD W LN
128.35 FT TO POB EXC W 33 FT FOR ST

CITY OF MUSKEGON SEC 33 T10N R16W COM AT SW COR SD SEC TH N 00D 46M 24S E ALG W LN
SD SEC 1773.90 FT TO POB TH S 89D 57M 31S E 189.54 FT TH N 01D 01M 20S E 100 TH 89D 57M 31S W
189.98 FT TO W LN SD SEC TH S 00D 46M 24S W 190.53 FT ALG SD W LN 100 FT TO POB EX ANY
PORTION USED OR TAKEN FOR RD PURPOSES

CITY OF MUSKEGON SEC 33 T10N R16W PART S 1/2 NW 1/4 SW 1/4 COM @ POINT OF INT E LN
GETTY ST WITH S LN PLAT OF WELLWORTH ADD TH S 01D 12M W ALG E LN GETTY ST 228.50 FT
FOR POB TH CONT S 01D 12M W ON E LN GETTY ST 125 FT TH S 89D 15M E 180 FT TH NELY ON A
CURVE TO RT HAVING R OF 20 FT A DIST OF 31.60 FT TH N 01D 12M E 5 FT TH N 89D 15M W 6 FT TH
N 01D 12M E 100 FT TH N 89D 15 M W 194 FT TO POB

is established as an Industrial Development District pursuant to the provisions of PA 198 of 1974, as amended,
to be known as Irwin Industrial Development District.




5/21/14
Adopted this 27th Day of May 2014.


Ayes:

Nays:

Absent:



                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Cummings
                                                         Clerk




                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on May 27, 2014.


                                                            ______________________________
                                                            Ann Cummings
                                                            Clerk




5/21/14

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