City Commission Packet 04-14-2015

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    CITY OF MUSKEGON
      CITY COMMISSION MEETING
                       APRIL 14, 2015
   CITY COMMISSION CHAMBERS @ 5:30 P.M.
                               AGENDA

□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
     A. 2014 Outstanding Citizenship Awards.
□ INTRODUCTIONS/PRESENTATION:
     A. Presentation by Lake Hawks.
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. National Bike to Work Week Resolution. CITY CLERK
     C. Request to Fly the Norwegian Flag. CITY CLERK
     D. PA 422 of 2014 – Cemetery Perpetual Care Fund. FINANCE
     E. Rix Stix Pronto Pups and Rix Stix Eats Concession Contract for City of
        Muskegon Parks. DEPARTMENT OF PUBLIC WORKS
     F. 2015/16 Water Treatment Sodium Hypochlorite Bids. DEPARTMENT OF
        PUBLIC WORKS
     G. Permanent Traffic Control Order – Install a permanent “STOP” sign at
        Indiana Avenue and Harbor Towne Circle per Traffic Control Work
        Order #17-(2015). DEPARTMENT OF PUBLIC WORKS
     H. 2015 Pavement Marking Program. DEPARTMENT OF PUBLIC WORKS
     I. Aggregates, Highway Maintenance          Materials   and    Concrete.
        DEPARTMENT OF PUBLIC WORKS
     J. Police SUVs. DEPARTMENT OF PUBLIC WORKS/EQUIPMENT
        K. DPW Fleet Replacement Vehicles. DEPARTMENT OF PUBLIC WORKS/
           EQUIPMENT
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
        A. Approval of Sale of City-owned home at 1581 Division. COMMUNITY &
           NEIGHBORHOOD SERVICES
        B. Request to Approve Revel to Design a New City Logo & Increase Public
           Relations Fund. CITY CLERK
        C. City – MDOT Agreement; Henry Street Construction; Sherman to
           Hackley. ENGINEERING


□ 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.
Memorandum
To:     Mayor and Commissioners

From: Frank Peterson

Re:     City Commission Meeting

Date:   April 9, 2015

We have a number of items on the agenda, and I thought you could use a little background on some of
them as you prepare for our meeting next week.

1.      Under Honors and Awards, we will present the 2014 Outstanding Citizenship Awards. We’re
        lucky to have many people working to make our community a great place to live, work, and visit.
        This is a great way to acknowledge and honor some of the efforts by our community members.
2.      Representatives from the West Michigan Lake Hawks will be in attendance to present the
        Commission with a token of appreciation for their support of the Lake Hawks’ 2014-15 season.
3.      Under the consent agenda, we are asking the Commission to approve:
        a. Last meeting’s minutes.
        b. A Resolution acknowledging National Bike to Work Week – this is approved annually by the
              Muskegon City Commission.
        c. A request by The Sons of Norway to fly the Norwegian Flag. This request is considered
              annually by the Muskegon City Commission.
        d. Approval of a concession contract for Rix Stix Pronto Pups and Rix Stix Eats.
        e. Approval of 2015-16 water treatment sodium hypochlorite bids.
        f. A traffic control order adding a stop sign to the corner of Indiana Ave and Harbor Towne
              Circle.
        g. Approval of construction agreement with MDOT for Henry Street (Sherman to Hackley).
              While the engineer’s estimate was slightly over $800,000, the actual bids came in slightly
              over $900,000. We are proposing to proceed with the project as bid rather than rebidding
              the project, as our staff feels that the bids are unlikely to return more favorably.
              Additionally, we feel that construction for this project needs to begin soon, and not be
              postponed to late summer or fall.
        h. Approve the bids for the 2015 pavement marking program - this is approved annually by
              the Muskegon City Commission.
        i.    Approval of the 2015 bids for miscellaneous highway maintenance materials concrete - this
              is approved annually by the Muskegon City Commission.
        j.    Approval of the purchase of two Ford Interceptor Sport Utility Vehicles for the police
              department. The vehicles were budgeted and planned for in 2015.
        k.  Approval of the purchase of DPW Fleet Vehicles. These vehicles will be used as
            replacements to vehicles that are retired or soon-to-be retired. One vehicle will be used in
            the Parks Department and another will be used in the Highway Department.
4.      Under Hearings/Other/New Business we have four topics for discussion:
        a. Approval of the sale of 1581 Division. This CNS project was originally approved for sale to
            another buyer earlier in 2015. That sale fell through, and we now have a new buyer under
            contract. We are recommending approval.
        b. We are asking for an increase in the public relations budget. The increase requested is
            $40,000. We would like to use most of the new funds to purchase/install banners on light
            poles in the downtown area. We have a number of poles with brackets that haven’t had
            banners installed on them in a number of years. Additionally, we have a number of
            brackets missing and/or broken. These funds will cover the costs to purchase/install
            banners and brackets (as needed). The remaining funds will be used to design a new logo
            for the city (as that was identified by our image committee as a high priority), and design
            some items to be sold and/or handed out at special events. This is more of a long-term
            investment, as many of the expenses will last over multiple fiscal years. I recommend
            approval. It’s important to note that this is only one aspect of our plan to improve our
            image. We continue to focus resources on crime reduction, blight abatement, and overall
            quality of life – we also plan to present a proposal to begin updating our aging housing
            stock in the coming weeks. In the meantime, we need to adequately market our
            community as great place to live/work/visit.

If there are questions on any agenda items, please try to let staff know in advance, and we will be sure
to have the appropriate data/research available at the meeting.
Date:    April 14, 2015
To:      Honorable Mayor & City Commissioners
From:    City Clerk’s Office
RE:      Approval of Minutes


SUMMARY OF REQUEST: To approve minutes of the March 28, 2015
City Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                      MARCH 24, 2015
    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, March 24, 2015.
Mayor Gawron opened the meeting with prayer 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 Byron Turnquist, Ken Johnson, Eric Hood, Willie German, and Dan
Rinsema-Sybenga, City Manager Franklin Peterson, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2015-19 INTRODUCTIONS/PRESENTATION:
     A. Presentation by Lake Hawks. Congratulations to the Lake Hawks on a
        great season!
2015-20 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the March 9th Commission
Worksession Meeting, and the March 10th City Commission Meeting.
FINANCIAL IMPACT:   None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
     B. SECOND READING:       Amendment to the Mobile Food Vending
        Ordinance. CITY CLERK
SUMMARY OF REQUEST: In 2014 the City adopted a Mobile Food Vending
Ordinance. Staff encountered no issues and received no complaints. Staff
believes mobile food vending units are a benefit to our City and downtown and
would like to encourage more participation.
We are requesting to amend the ordinance to (1) change the amount of time a
mobile food vending truck may stay in one place from 15 minutes to 30 minutes
without a permit; and (2) change the distance a mobile food vending service
may be parked within an existing brick and mortar restaurant from 150 feet to 50
feet.
Further, to encourage more participation, we are asking to lower the permit fees
from $300 a unit, $150 for existing restaurants in the City of Muskegon, and $50
for restaurants in the Downtown Development area to be changed from a
monthly fee to an annual fee.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the ordinance amendment and update
the fee schedule as indicated.
      C. SECOND READING:     Amendment to the Special Event Parking
         Downtown Ordinance. CITY CLERK
SUMMARY OF REQUEST: In 2014 the City adopted a Special Event Parking
Downtown Ordinance to require businesses to offer public restrooms during
special events. Once it was implemented for a season, we were able to ask for
input from those businesses it impacted.
Based on the feedback, staff is requesting to modify the ordinance to remove
the requirement the first port-a-jon be an ADA accessible facility and include a
hand washing unit. Staff is also requesting to change the language to indicate
public restrooms be available within 100 feet of the parcel.
Staff is also requesting the fee schedule be changed to indicate no permit is
needed for those parking under 50 vehicles and offering an annual permit of
$125. A $50 per event fee will still be offered to those businesses who wish to pay
a per event fee.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the ordinance amendment and update
the fee schedule as indicated.
      D. SECOND READING:       Amendment to the Licensing Ordinance.          CITY
         CLERK
SUMMARY OF REQUEST: This is a request to amend ordinance 50-2, Licensing,
Penalties and Remedies. Staff is asking to revise the ordinance to state property
owners are also subject to a municipal civil infraction if any of the provisions of
the ordinance are violated.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the ordinance amendment.
      E. SECOND READING: Amendment to the Zoning Ordinance. PLANNING
         & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Staff initiated request to amend the zoning ordinance
to allow amusement and recreational facilities, including indoor and outdoor
sports fields in B-2, Convenience and Comparison Business districts.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:        The Planning Commission unanimously
recommended approval of the request at their special meeting in February.
      F. SECOND READING: Lakeshore Smartzone LDFA – Plan Amendment.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon Local Development Finance
Authority (LDFA) and City Commission approved The Lakeshore Smartzone Local
Development Finance Authority and Tax Increment Financing Plan (“Plan”) in
2002. The State of Michigan recently provided the opportunity to extend the Tax
Increment Finance (TIF) capture for an additional five years, if the Smartzone
LDFA Plans are amended to include additional projects, job creation,
cooperation with other regional entities, and/or additional reporting. As this
additional five years of TIF capture will assist the City in paying back the bonds
that were issued for development of the MAREC facility, an amendment to the
Plan was prepared. The amendment was approved by the LDFA and the Plan
has been forwarded to the City Commission.
FINANCIAL IMPACT: The additional five years of tax capture will allow for the
generation of approximately $175,330 in revenues from school taxes (in addition
to the $331,035 generated from local taxes).
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:         That the City Commission approve the resolution
amending the Plan.
      G. New Special Event Request – “Standup for the Cure” Stand-up
         Paddleboard Event & Expo – July 11, 2015. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: “Standup for the Cure” is a 501c3 organization
dedicated to raising awareness of breast cancer and funds for the Susan G.
Komen foundation. They would like to add Muskegon’s Harbour Towne beach
as their third event site this year, in addition to Newport Beach, CA and Miami
FL. In addition to stand-up paddle boarding, they would like to have an expo-
style event with vendors, music and information booths. One of their sponsors is
a craft beer brewing company, and they are requesting to serve beer and
possibly wine to their patrons. The alcohol would be served in 8-ounce plastic
cups to event participants who have been wrist-banded after having their age
verified by security staff checking identification. No spirits will be served. They
expect to end the event by 3:00 p.m.
FINANCIAL IMPACT:    None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None.
      H. Contract for Demolition       at     1716       Sanford.     COMMUNITY    &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve for Community and Neighborhood Services
to execute a contract with Courtade Wrecking, 1750 Alpine Ave., NW, Grand
Rapids, for the demolition of the structure located at 1716 Sanford Street. This
activity is under the Target neighborhood Blight Fight Program. The following
bids were received:
      Courtade Wrecking $8,180.00
      Press’s LLC           $5,220.00 (Bid was inconclusive)
FINANCIAL IMPACT:    The funding will be allocated from the City’s HOME Funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the Consent Agenda as read with the exception of Item I.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
            Nays: None
MOTION PASSES
2015-21 ITEM REMOVED FROM CONSENT AGENDA
      I. Resolution in Support of Proposal 1 for Safer Roads. CITY MANAGER
SUMMARY OF REQUEST: The City of Muskegon has recently identified street
repair needs in excess of $72,000,000 and supports Proposal 1 on the May 5,
2015, ballot to provide the funding needed to address our long-term street
infrastructure  needs.       For    more    information   please    go   to
www.Michigan.gov/roadfunding or www.Michigan.gov/realitycheck
FINANCIAL IMPACT:    None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Turnquist, Second by Commissioner Rinsema-Sybenga
to approve Resolution in Support of Proposal 1 for Safer Roads.
ROLL VOTE: Ayes: Rinsema-Sybenga,           Turnquist,     Johnson,   Gawron,   Hood,
           Spataro, and German
             Nays: None
MOTION PASSES
2015-22 NEW BUSINESS:
     A. Bella Dawg Concession Contract for City of Muskegon Parks. PUBLIC
        WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into another one-year
contractual agreement with Steve Hamstra of Bella Dawg, at various City of
Muskegon Parks/Facilities, located within the City of Muskegon, as determined
by staff, to sell hot dogs and other minor snacks from a mobile cart.
Concessionaire is also requesting that a 50’ allowance between vendors be
considered.
FINANCIAL IMPACT:    None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize DPW staff to enter into concession
agreement with Steve Hamstra of Bella Dawg.
Motion by Commissioner Johnson, Second by Commissioner Hood to Authorized
DPW staff to enter into concession agreement with Steve Hamstra of Bella Dawg.
ROLL VOTE: Ayes: Hood, Spataro,      German,    Rinsema-Sybenga,     Turnquist,
           Johnson, and Gawron
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 5:48 p.m.


                                         Respectfully submitted,




                                         Ann Marie Cummings, MMC
                                         City Clerk
         Commission Meeting Date: April 14, 2015




Date:     April 8, 2015
To:       Honorable Mayor & City Commission
From:     CITY CLERK’S OFFICE
RE:       NATIONAL BIKE TO WORK WEEK RESOLUTION


SUMMARY OF REQUEST: The City Commission is asked to adopt the
attached resolution supporting National Bike to Work Week June 15
through June 19, 2015.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution.
                RESOLUTION TO SUPPORT NATIONAL
                      BIKE TO WORK WEEK

WHEREAS, for more than a century, the bicycle has been an important part of the lives of
    Americans; and

WHEREAS, today, millions of Americans engage in bicycling as an environmentally sound
    form of transportation, an excellent form of fitness, and provides quality family
    recreation; and

WHEREAS, “Bike to Work Week” is a nationwide endeavor to educate the public about the
    benefits of bicycling and to increase awareness of and respect for bicyclists; and

WHEREAS, the City of Muskegon recognizes the benefits of bicycle commuting in providing
    exercise, decreasing air pollution, conserving fuel, decreasing traffic congestion,
    decreasing noise pollution, and improving the health of its citizens; and

WHEREAS, the League of Michigan Bicyclists and independent cyclists throughout our state
    are promoting greater public awareness of bicycle operation and safety education in an
    effort to reduce accidents, injuries and fatalities; and

WHEREAS, bicycle transportation is an integral part of the “multi-modal” transportation system
    planned for by city, state and local transportation government agencies; and

WHEREAS, we recognize and encourage cycling as an important means of transportation, and
    support potential new cyclists in joining our community; and

WHEREAS, Ride On! Muskegon County Bikes to Work Week Committee encourage all
    citizens to ride their bicycles to work, to the store, to the park, around their
    neighborhoods and with friends and family to promote the personal and societal benefits
    achieved from bicycling;

NOW THEREFORE I, Stephen J. Gawron, Mayor of the City of Muskegon, do hereby
    proclaim June 15-19, 2015 as “Bike to Work Week” in Muskegon, MI and encourage its
    observance to all citizens.

       Signed this 14th day of April 2015.



                                                         _____________________________
                                                               Stephen J. Gawron
                                                                      Mayor
Date:       April 14, 2015
To:         Honorable Mayor and City Commissioners
From:       Ann Marie Cummings, City Clerk
RE:         Request to Fly the Norwegian Flag




SUMMARY OF REQUEST: Sons of Norway are requesting permission
to fly the Norwegian Flag at City Hall beginning Friday, May 15th, 2015 at
9:00 a.m. through the weekend, to be taken down the morning of
Monday, May 18, 2015 in honor of Norway’s Constitution Day
(Independence Day), which falls on Sunday, May 17, 2015.


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval of the request.
                    Commission Meeting Date: April 14, 2015




Date:        April 8, 2015
To:          Honorable Mayor and City Commissioners
From:        Finance Director
RE:          PA 422 of 2014 – Cemetery Perpetual Care Fund



SUMMARY OF REQUEST: Public Act 422 of 2014, which was signed by the
Governor, allows a municipality that has a municipally owned cemetery to establish
and maintain an irrevocable endowment and perpetual care fund as a component
fund within a community foundation, by entering into an irrevocable agreement with
the community foundation.



FINANCIAL IMPACT: Additional cemetery endowment earnings potentially will
reduce the use of general fund revenue for cemetery maintenance.


BUDGET ACTION REQUIRED: None at this time.


STAFF RECOMMENDATION: Approval of the City of Muskegon Cemetery
Perpetual Care Fund Agreement with the Community Foundation for Muskegon
County.



COMMITTEE RECOMMENDATION: N/A
                                                               City of Muskegon
                                                               Finance Administration




Memorandum
  To:        Mayor and City Commissioners
  From: Finance Director
  Date:      April 8, 2015
  Re:       Public Act 422 of 2014



  With the signing of Public Act 422 of 2014 by Governor Snyder, it is now possible for the City
  to consider creating a fund at the Community Foundation for Muskegon County to house its
  cemetery perpetual care funds. Public Act 422 of 2014 is the culmination of years of effort
  that began with an idea of the City’s former Finance Director and the work of the City
  Attorney, Community Foundation, and others to make it possible. Senator Goeff Hansen
  sponsored Senate Bill 1125 which was enacted as Public Act 422 of 2014.

  The bill amended Public Act 215 of 1937, which authorizes municipalities to own or control
  cemetery or burial grounds, to do the following:

        -   Allow a municipality to establish an endowment and perpetual care fund for a
            municipally owned cemetery as part of an agreement with a community foundation.

        -   Require the community foundation annually to authorize two distributions of earnings
            from the fund to the municipality for care and maintenance of the cemetery.

        -   Require the cemetery to maintain records regarding the use of earnings from the
            fund.

        -   Allow the community foundation’s fees and costs associated with the agreement to
            be paid from the principal of the fund.

        -   Specify information that the community foundation must submit to the municipality in
            an annual fund statement.

  It is anticipated that an agreement between the community foundation and city will be
  included on the agenda for a future City Commission meeting.

  Please feel free to contact me should you have any questions.
                                                     Act No. 422
                                                 Public Acts of 2014
                                             Approved by the Governor
                                                 December 27, 2014
                                          Filed with the Secretary of State
                                                 December 30, 2014
                                       EFFECTIVE DATE: December 30, 2014




                                         STATE OF MICHIGAN
                                         97TH LEGISLATURE
                                      REGULAR SESSION OF 2014
Introduced by Senator Hansen


ENROLLED SENATE BILL No. 1125
   AN ACT to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial
grounds; to provide for perpetual care and maintenance; and to permit municipalities to authorize the creation of joint
cemetery associations,” by amending the title and section 3 (MCL 128.3), the title as amended and section 3 as added
by 1980 PA 366, and by adding section 4.

                                        The People of the State of Michigan enact:

                                                         TITLE

    An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and
maintenance; to provide for endowment and perpetual care funds; and to permit municipalities to authorize the creation
of joint cemetery associations.

   Sec. 3. As used in this act:
   (a) “Community foundation” means an organization that meets all of the following requirements:
   (i) Has been in existence for at least 10 years.
   (ii) Has assets of at least $10,000,000.00.
   (iii) Qualifies for exemption from federal income taxation under 501(c)(3) of the internal revenue code,
26 USC 501(c)(3).
   (iv) Supports a broad range of charitable activities within the specific geographic area of this state that it serves,
such as a municipality.
    (v) Maintains an ongoing program to attract new endowment funds by seeking gifts and bequests from a wide range
of potential donors in the geographic area served.
   (vi) Is publicly supported, as defined by 26 CFR 1.170A-9(f).
   (vii) Meets the requirements for treatment as a single entity under 26 CFR 1.170A-9(f)(11).
   (viii) Is not an organization described in section 509(a)(3) of the internal revenue code, 26 USC 509(a)(3).
   (ix) Has an independent governing body representing the general public’s interest and that is not appointed by a
single outside entity.
   (x) Maintains continually at least 1 part-time or full-time employee beginning not later than 6 months after the
community foundation is incorporated or established.
   (xi) Is subject to an annual independent financial audit.

                                                                                                                    (206)
                             ESB 1125
    (xii) For a community foundation that is incorporated or established after January 9, 2001, operates in a county of
this state that was not served by a community foundation when the community foundation was incorporated or
established or operates as a geographic component of an existing community foundation.
    (b) “Municipality” means a city, village, township, or county.

   Sec. 4. (1) Subject to this section, to lessen the burden of government, each municipality with a municipally owned
cemetery may establish and maintain an irrevocable endowment and perpetual care fund as a component fund within a
community foundation by entering into an irrevocable agreement with the community foundation.
   (2) The amounts deposited into the fund shall be held in perpetuity by the community foundation except that the
community foundation shall annually authorize 2 distributions of interest and other earnings to the municipality for care
and maintenance of the cemetery. The withdrawals shall be documented. The cemetery shall maintain records showing
that earnings from the fund are used exclusively for endowment and for care and maintenance of the cemetery. The
community foundation is not responsible for ascertaining that money paid to the municipality is expended for the limited
purposes authorized in this subsection.
   (3) Subject to the terms of the agreement, the fees and costs of the community foundation for services under this
section and the agreement may be paid from the principal of the fund.
    (4) The community foundation shall submit to the legislative body of the municipality an annual fund statement that
includes all of the following information for the reporting period:
    (a) Beginning and ending fund balances.
    (b) Deposits to the fund, including interest and earnings from fund investments.
    (c) Documentation of distributions from the fund under subsection (2).
    (d) Documentation of any expenditures under subsection (3).
    (5) As used in this section, “fund” means an endowment and perpetual care fund established under subsection (1).

    This act is ordered to take immediate effect.




                                                                                             Secretary of the Senate




                                                                              Clerk of the House of Representatives


Approved




                                             Governor




2
                             ESB 1125
                  COMMUNITY FOUNDATION for MUSKEGON COUNTY
                   ORGANIZATION ENDOWMENT FUND AGREEMENT

              CITY OF MUSKEGON CEMETERY PERPETUAL CARE FUND


AGREEMENT made ________________, 2015 between the City of Muskegon (the "CITY")
and the COMMUNITY FOUNDATION for MUSKEGON COUNTY (the "Foundation"), a
Michigan non-profit corporation.

This agreement is made with reference to the following facts:

A. The CITY is presently a tax-exempt organization.

B. The Foundation is a publicly-supported community foundation, meeting the public support
   test of IRC §509(a) and organized and operated exclusively for charitable purposes as
   provided in IRC §501(c)(3) and is a “Community Foundation” as defined in MCL 128.3.

C. The CITY desires to establish a permanent Endowment Fund with the Foundation which
   shall be known as the City of Muskegon Cemetery Perpetual Care Fund (the "Fund").

D. The Foundation, pursuant to the terms of this agreement and the restrictions imposed
   hereby, desires to accept the initial contribution of CITY as well as any subsequent
   donations to the Fund, and to administer and distribute the same in accordance with the
   terms and conditions of this agreement.

1. Establishment of Fund. The Foundation acknowledges receipt of $1,000,000.00_ as the
   initial property of the Fund.

2. Property of the Fund. The Fund shall include the property received to establish the
   Fund, such property as may later be transferred to the Foundation by the CITY or from
   any other source for inclusion in the Fund and accepted by the Foundation, and all
   undistributed income from the Fund. The Fund shall be the Foundation’s property held
   by it in its corporate capacity and shall not be deemed a trust Fund held by it in a trustee
   capacity. The Foundation shall have the ultimate authority and control over all property in
   the Fund, and the income derived therefrom, in accordance with the Articles of
   Incorporation and Bylaws of the Foundation (as they may be amended from time to time),
   and the terms of this Agreement applied in a manner not inconsistent with said Articles
   and Bylaws.

3. Designation of Purposes. The Fund shall be used for the care and maintenance of the
   cemeteries that are operated by the CITY.

4. Distributions of Income. All or a portion of the spendable income (as defined herein) of
   the Fund shall be distributed to the CITY upon the written request of the CITY, which may
   be submitted periodically to the Foundation. The request shall include a CITY
   Commission written resolution approving the request for a distribution from the Fund.
   The Community Foundation shall annually authorize 2 distributions of interest and other
   earnings to the CITY for care and maintenance of the CITY’s cemeteries.

5. Other Distributions. Distributions in excess of the spendable income of the Fund may
   be made to the CITY as the Foundation’s Board of Trustees determines.
   Recommendations for such distributions may be made from time to time to the
   Foundation by the CITY’s Commission as provided in Paragraph 4 above. Excess
   distributions may be made only from the portion of the Fund’s balance which represents
   contributions made by the CITY plus allocated investment realized/unrealized gains
   and/or losses to such portion. Recommendations of the CITY’s Commission shall be
   solely advisory and not binding on the Foundation.
6. Successors to the Donor.

   a. The Fund will continue for the exclusive use and benefit of the successor or surviving
      organization if the CITY merges or consolidates with another entity which is also a
      tax-exempt organization.

   b. Upon dissolution of the CITY, the Fund shall continue for the benefit of such other tax
      exempt organization as identified by the CITY Commission, providing such
      identification is consistent with the charitable purposes of the Foundation. Any
      designation made under this section shall be in writing and shall be delivered by the
      CITY to the Foundation prior to the filing of legal dissolution of the CITY.

   c. If the CITY fails to identify such other tax-exempt organization or such identification is
      not consistent with the tax-exempt status of the Foundation, the Fund shall become a
      part of the Unrestricted Endowment of the Foundation.

7. Variance.
   a. The Foundation agrees that if its Board of Trustees proposes to exercise the variance
      power under Article VIII, Section (8) of the Foundation’s Bylaws, the exercise of such
      power shall not be effective earlier than at least 30 days after the Foundation notifies
      CITY in writing of (i) its intent to exercise such power and (ii) the manner in which the
      Foundation proposes to vary the purposes, uses, or methods of administration of the
      Fund. During the notice period, CITY may advise the Foundation of its views
      regarding the proposed exercise of the power and take such other action as it deems
      appropriate. If the Foundation becomes aware of any other action instituted or
      proposed by any person to vary the purposes, uses, or methods of administration of
      the Fund, it will promptly notify the CITY Commission.

   b. If the Foundation ceases to be a qualified charitable organization or if the Foundation
      proposes to dissolve, the assets of the Fund shall, after payment or making provision
      for payment of any liabilities, properly chargeable to the Fund, be distributed to CITY.
      If the CITY is not then a qualified tax-exempt organization, said assets shall be
      distributed in such manner and to such organization or organizations in Muskegon
      County as satisfies the requirements of a qualified tax-exempt organization and
      serves purposes similar to those of the CITY.

   c. Notwithstanding anything in this agreement or in the Foundation’s Articles or Bylaws
      to the contrary, the Foundation agrees not to exercise the modification provisions
      contained in Article VIII of its Bylaws except to the extent and as may be required
      from time to time by the laws of the State of Michigan or by the Internal Revenue
      Code, including the rules and regulations with respect thereto, in order to qualify the
      Organization Endowment Fund as a component part of the Foundation. Internal
      Revenue Service regulations presently require that any restriction or condition may
      be modified if it becomes unnecessary, incapable of fulfillment, or inconsistent with
      the charitable needs of the Muskegon County area.

8. Definitions and Construction.
   a. As used in this agreement:

        i. “Qualified charitable organization” means an organization described in
           §501(c)(3) and which is other than a private foundation under §509(a) of the
           Internal Revenue Code.
          ii. References to any provision of the Internal Revenue Code shall be deemed
              references to the U.S. Internal Revenue Code of 1986 as the same may be
              amended from time to time and the corresponding provision of any future
              U.S. Internal Revenue Code.

         iii. "Spendable income" means the amount determined under the spending rule
              policy being used by the Foundation for its component Funds (less fees).

    b. It is intended that the Fund shall be a component part of the Foundation and that
       nothing in this agreement shall affect the status of the Foundation as an entity which
       is a qualified charitable organization. This agreement shall be interpreted in a
       manner consistent with the foregoing intention and so as to conform to the
       requirements of the Internal Revenue Code and any regulations issued pursuant
       thereto applicable to the intended status of the Foundation.

    c. Each Fund is charged two fees. One is the investment manager fee, which is
       negotiated with the various managers and may vary from year to year. This fee is
       currently included in the total net investment gains and/or losses that are applied to
       the Fund quarterly. The second is a Foundation administrative fee for the Fund which
       is currently at .5% and reviewed annually. The administrative fee is deducted from the
       Fund. If there are transfers of property to the Fund on any day after the first day of the
       Foundation’s fiscal year, only a pro-rata portion of the annual fees will be charged
       against the Fund.

9. Gift Acknowledgments. The Foundation shall make all information with respect to the
   Fund available to the CITY during normal business hours of the Foundation, or online,
   with authorization, but not limited to, name, address, amount of gift and restrictions on
   gift, if any.

10. Copies of Agreement. The CITY and the Foundation may furnish copies of this
    agreement to other potential donors to the Fund to demonstrate the protocol and
    procedures that have been put in place with regard to the administration and
    disbursement of the Fund.

The Parties execute this Agreement by its duly authorized officers effective as of the day and
year above as evidence of their agreement.



                             CITY OF MUSKEGON CEMETERY PERPETUAL CARE FUND



                             By: _______________________________________________
                                    Stephen Gawron, Mayor, City of Muskegon


                             COMMUNITY FOUNDATION for MUSKEGON COUNTY



                             By: _______________________________________________
                                    Chris A. McGuigan, President/CEO



k:\dvlp\funds\agreements\2015\city of muskegon cemetery fund - org - february 2015.docx
                            AGENDA ITEM NO._____________

                  CITY COMMISSION MEETING ___________________



TO:           Honorable Mayor and City Commission


FROM:         Department of Public Works


DATE:         April 14, 2015


SUBJECT:      Rix Stix Pronto Pups and Rix Stix Eats Concession Contract for City of
              Muskegon Parks.


SUMMARY OF REQUEST:
Staff is asking permission to enter into a 1-year contractual agreement with Ralph ”Rick” Paine
III of Rix Stix Pronto Pups/Rix Beach Eats, at various City of Muskegon Parks/Facilities, located
within the City of Muskegon, and as determined by staff, to sell pronto pups and various other
food items from two mobile trucks. Concessionaire is also requesting that a 50’ interval/distance
between vendors be considered.


FINANCIAL IMPACT:
Concession revenue is 10% of gross receipts. Commission revenue is unknown at this time as
this is the first year in business for the Concessionaire at City of Muskegon Parks.


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Authorize DPW staff to enter into concession agreement with Ralph “Rick” Paine III of Rix Stix
Pronto Pups/Rix Beach Eats.


COMMITTEE RECOMMENDATION:
Date:       April 14, 2015
To:         Mayor and City Commission
From:       Dept of Public Works - Director
RE:         2015/16 Water Treatment Sodium Hypochlorite
            Bids



SUMMARY OF REQUEST:
Recommend endorsement of lowest responsible bidder to supply
sodium hypochlorite for the water filtration plant


FINANCIAL IMPACT:
Annual cost of $73,590 (based on average annual water pumped to
mains plus increased estimated treatment cost for Norton
Shores/Fruitport).


BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Staff recommends the Mayor and City Commission endorse the low bid
received and allow staff to enter into a contract with Alexander Chemical
for sodium hypochlorite for one year, beginning April 14, 2015.
                                   MEMORANDUM

                                       3/26/2015

TO:           M. AL-SHATEL – DPW DIRECTOR

FROM:         FILTRATION PLANT

RE:           Sodium Hypochlorite Bids – WATER FILTRATION


Chemical Bidding
Grand Haven, Grand Rapids, Wyoming, Muskegon Heights and Holland (West Michigan
Cooperative Purchasing Group) collectively bid for treatment chemicals. 3 vendors
submitted bids as follows for a 1 year contract for Sodium Hypochlorite:


Sodium Hypochlorite: 1 Year Contract begins April 16, 2015. Cost per Ton:
Rowell Chemical:    $142.77
Alexander Chemical: $133.80
KA Steel Chemical: $140.89

Current cost: (Alexander Chemical) $133.00/ton.

The other chemicals used at the plant are bid on a 3 year cycle (Aluminum Sulfate,
Activated Carbon and Hydrofluosilicic Acid) due next year.


It is my recommendation that we request the Mayor and City Commission to approve the
lowest cost bids as follows:
Sodium Hypochlorite: Alexander Chemical for 1 year at a cost of $133.80/Ton.
Date:    April 14, 2015

To:      Honorable Mayor and City Commissioners

From: DPW
RE:      Permanent Traffic Control Order-Install a permanent “Stop” sign at
         Indiana Avenue and Harbor Towne Circle per Traffic Control Work Order
         #17-(2015).


SUMMARY OF REQUEST:


Authorize staff to install a permanent “Stop” sign at the Southwest corner of Indiana
Avenue and Harbor Towne Circle per Traffic Control Work Order # 17-(2015)



FINANCIAL IMPACT:
Cost of signs/posts and man-power to install, if approved.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Authorize DPW staff to install a “Stop” Sign at Indiana Avenue and Harbor Towne Circle per
Traffic Control Work Order #17-(2015).



COMMITTEE RECOMMENDATION:
                            AGENDA ITEM NO._____________

                 CITY COMMISSION MEETING ___________________



TO:           Honorable Mayor and City Commission


FROM:         Department of Public Works


DATE:         April 14, 2015


SUBJECT:      2015 Pavement Marking Program


SUMMARY OF REQUEST:
Staff is requesting permission to enter into 1-year contractual agreement with Michigan
Pavement Marking (MPM) of Wyoming, MI for Centerline Painting and Advanced Pavement
Marking (APM) of West Olive, MI FOR Special Pavement Markings. This contract bid was
awarded by the Muskegon County Road Commission (MCRC) and for local agencies in the
Muskegon County Pavement Marking Group to enter into with MPM and APM with each
member billed separately by MPM and APM for painting services requested.


FINANCIAL IMPACT:
Estimated costs for 2015 are $25,000 for both Centerline painting and Specialty Markings.
Approximately $20,334 in 2011 was spent for centerline painting/special pavement markings
with $16,008 in 2012, $16,999 in 2013 and $16,013 in 2014 spent for centerline painting only,
through previous bids/contracts with MCRC and MPM.


BUDGET ACTION REQUIRED:
None, contractual work has been budgeted for in the Highway Majors budget.


STAFF RECOMMENDATION:
Approve request to enter into a 1-year contract with Michigan Pavement Markings for Centerline
Painting and Advanced Pavement Markings for Special Pavement Markings.


COMMITTEE RECOMMENDATION:
                               AGENDA ITEM NO. __________

                               CITY COMMISSION MEETING

TO:           Honorable Mayor and City Commission
FROM:         Department of Public Works
DATE:         April 14, 2015
SUBJECT:      Aggregates, Highway Maintenance Materials and Concrete

SUMMARY OF REQUEST:

Award bid to supply H1/32FA limestone chip blend to Verplank Trucking Company

Award bid to supply road slag to Verplank Trucking Company

Award bid to supply road gravel to Yellow Rose Transport

Award bid to supply Sylvax patching material to Unique Paving Materials

Award bid for crack sealant to Surface Coatings.

Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc.

Award bid to supply AE-90 Asphalt Emulsions to Bit-Mat Products

Award bid to supply screened top soil to Accurate Excavators

Award bid to supply 2NS sand to Yellow Rose Transport

Award bid to supply Fill Sand to Accurate Excavators

Award bid to supply 7-sack mix concrete to Port City Redi-Mix

Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to Great Lakes
Chloride

FINANCIAL IMPACT:
$456,387.25

BUDGET ACTION REQUIRED:
None; funds appropriated in several budgets.

STAFF RECOMMENDATION:
Recommend approval of bids as outlined in Summary of Request.
To:            The City Commission
From:          Mohammed Al-Shatel Director of Public Works
Date:          April 14, 2015
Subject:       2015 Aggregates, Highway Maintenance Materials, and Concrete

Purchases will be made from recommended bidder (in bold), contingent upon product availability, timely
deliveries, and prices as quoted.


500 ton H1/32FA Limestone Chip Blend ($9,725.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409               $19.45 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418         $20.50 per ton, delivered


5,000 ton Road Slag 22-A Natural ($65,000.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409               $13.00 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418         $13.25 per ton, delivered

500 ton Road Gravel 22-A ($5,250.00)

Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418         $10.50 per ton, delivered
Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409               $11.00 per ton, delivered

500 tons Sylvax Patching Materials – UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-6,
or similar product ($53,600.00)

Unique Paving Materials 3993 E. 93rd Street, Cleveland, OH 44105           $107.20 per ton, delivered
Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190     $110.00 per ton, picked up

50,000 pounds Crack Sealant (block form) ($22,500.00)

Surface Coatings, Co.         2280 Auburn Rd, Auburn Hills, MI 48326       $0.45 per pound, delivered
Sherwin Industries, Inc       2129 West Morgan Ave., Milwaukee, WI 53221   $0.59 per pound, delivered

200 ton Bituminous Asphalt Base ($12,700.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190     $63.50 per ton, picked up


1,000 ton Bituminous Asphalt Top ($64,500.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190     $64.50 per ton, picked up

30,000 gallons AE-90 Asphalt Emulsions ($72,000.00)

Bit-Mat Products              401 Tiernan Rd, Bay City, MI 48706           $2.40 per gallon, delivered
2015 Aggregates, Highway Maintenance Materials, and Concrete
April 15, 2015
Page 2


500 yards Screened Top Soil ($3,975.00)

Accurate Excavators         2821 Central Rd, Muskegon, MI 49445      $7.95 per cubic yard, delivered
Verplank            P.O. Box 8, Ferrysburg, Muskegon, MI 49409       $8.00 per cubic yard, delivered
Yellow Rose Transport       3531 Busch Dr., Grandville, MI 49418     $10.00 per ton, delivered


500 ton 2NS Sand ($4,250.00)

Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418          $8.50 per ton, delivered
Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409                $8.90 per ton, delivered


500 ton Fill Sand ($2,600.00)

Accurate Excavators           2821 Central Rd, Muskegon, MI 49445    $5.20 per cubic yard, delivered
Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409         $6.00 per ton, delivered

Concrete mix as needed (*7 Sack Mix $82.00 in 2014, $90,337.25 using 2014 quantities)

Port City Redi-Mix                                   $92.00 per cubic yard, 7 Sack Mix, delivered
1780 Sheridan Road, Muskegon, MI 49442

Consumers Concrete                                   $92.27 per cubic yard, 7 Sack Mix, delivered
4400 E. Evanston Avenue, Muskegon MI 49442

*The 7-sack mix is the most commonly used product. It should be noted that concrete purchases may
include several miscellaneous charges, including, but not limited to, hot water, chloride, small loads,
second drops, winter price, and extra unload time.


85,000 gallons Calcium Chloride 38% (road brine) ($43,350.00)

Great Lakes Chloride          P.O. Box 634, Grand Haven, MI 49417           $0.51 per gallon, spread


15,000 gallons Calcium Chloride 32% (winter salting) ($6,600.00)

Great Lakes Chloride          P.O. Box 634, Grand Haven, MI 49417           $0.44 per gallon, storage
Date:    April 14, 2015

To:      Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:      Police SUVs


SUMMARY OF REQUEST:

The Equipment division is seeking permission to purchase 2(two) Police Interceptor
SUVs to replace current units that are due retirement based on years of service and
mileage. We are also asking to purchase an additional warranty for these vehicles
extending our powertrain warranty to 7 years 125,000 mi.

FINANCIAL IMPACT:
$25,475.00 per SUV and $2,495.00 for each extended warranty.

BUDGET ACTION REQUIRED:
None. This is the amount budgeted for.

STAFF RECOMMENDATION:
Authorize staff to purchase 2(two) Police SUVs with extended warranty from Gorno Ford the
Mi Deal State contract holder.




O:\CLERK\Grimm\City Commission\2015\04142015\Agenda\Agenda Items\PoliceSUV's2015_cover.doc
Date:    April 14, 2015

To:      Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:      DPW Fleet Replacement Vehicles


SUMMARY OF REQUEST:

The Equipment division is seeking permission to purchase 2(two) DPW fleet vehicles,
one for the Highway Dept. as a construction vehicle and the other for the Parks Dept.
Maintenance Vehicle. The Highway truck will be a one ton flatbed and the Parks a three
quarter ton standard cab pick up.

FINANCIAL IMPACT:
One ton $26,395.00 and Three quarter ton $21,395.00

BUDGET ACTION REQUIRED:
None. This is the amount budgeted for.

STAFF RECOMMENDATION:
Authorize staff to purchase 2(two) fleet replacement vehicles from Gorno Ford the Mi Deal
State contract holder.




O:\CLERK\Grimm\City Commission\2015\04142015\Agenda\Agenda Items\DPWfleetreplacement_cover.doc
           Commission Meeting Date:           April 14, 2015

Date:      April 3, 2015
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services Department
RE:        Approval of Sale of City-owned home at 1581 Division


SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Ashley Nagelkirk for the rehabilitated home at 1581
Division, which is part of the City’s HOME Program. Ms. Nagelkirk’s purchase
price for the home is $74,500.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through the HOME program to sustain our
current investments to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
                    MUSKEGON CITY COMMISSION



        RESOLUTION TO APPROVE THE PURCHASE OF
  CURRENTLY CITY-OWNED PROPERTY AT 1581 DIVISION STREET


WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;



WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;



WHEREAS, the City of Muskegon is dedicated              to   promoting
homeownership throughout its neighborhoods;



NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 1581 Division Street to Ashley Nagelkirk. Ms.
Nagelkirk will purchase the house as an owner-occupied structure.

Adopted this 14th of April, 2015.

Ayes:

Nays:


                           By ______________________________
                              Stephen J. Gawron, Mayor


                           By ______________________________
                              Ann Marie Cummings, MMC City Clerk
AM_Resolution
Date:        April 14, 2015
To:          Honorable Mayor and City Commissioners
From:        City Clerk
RE:          Public Relations Fund Budget Adjustment


SUMMARY OF REQUEST: Improving the city’s image has been made a priority
over the last two budget cycles. As such, many staff hours have been dedicated to
working with key stakeholders to develop a plan to help change public perception.
Many of our partner stakeholders have committed to fundraising for these types of
activities. As the summer tourist season approaches, city staff and key stakeholders
identified a number of new capital investments that we would like to undertake. Two
of which we are seeking approval for today – the installation of welcoming banners
on light poles throughout the downtown, and the redesign of the logo and color
scheme used on many city advertisements, vehicles, buildings, paperwork, etc.




FINANCIAL IMPACT: Same.



BUDGET ACTION REQUIRED: Same.



STAFF RECOMMENDATION: Increase the Public Relations Budget by $40,000
and authorize the City Clerk to purchase and install new banners downtown and to
work with Revel to design a new city logo. 
Date:         April 14, 2015
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           City – MDOT Agreement; Henry Street Construction;
              Sherman to Hackley


SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the Henry Street construction between
Sherman & Hackley and approve the attached resolution authorizing the Mayor and City Clerk
to sign the contract.



FINANCIAL IMPACT:
MDOT’s participation is limited to the approved federal funds of $580,000. The estimated total
construction cost is $802,100 plus engineering cost.



BUDGET ACTION REQUIRED:
none at this time



STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign both.



COMMITTEE RECOMMENDATION:
                          RESOLUTION__________

RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE CONCRETE PAVEMENT WORK ALONG HENRY
STREET FROM SHERMAN TO HACKLEY TOGETHER WITH OTHER
NECESSARY RELATED WORK ITEMS AND AUTHORIZATION FOR MAYOR
STEPHEN J. GAWRON AND CITY CLERK, ANN CUMMINGS, TO EXECUTE SAID
CONTRACT

Moved by_____________________________________and supported by


Commissioner___________________________that the following Resolution be
adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 15-5088 between the
Michigan Department of Transportation and the City of Muskegon for the Concrete
pavement work along Henry Street from Sherman to Hackley within the City is in
the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 15-5088 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.



Adopted this____________day of____________, 2015.

                                       BY

                                            Stephen J. Gawron, Mayor

                                       ATTEST

                                            Ann Cummings, City Clerk

                               CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
____________, 2015. 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___________________________
                                            Ann Cummings, City Clerk

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