City Commission Packet 07-10-2007

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       CITY OF MUSKEGON
          CITY COMMISSION MEETING
                                      JULY 10, 2007
      CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                                AGENDA

o   CALL TO ORDER:
o   PRAYER:
o   PLEDGE OF ALLEGIANCE:
o   ROLL CALL:
o   HONORS AND AWARDS:
o   INTRODUCTIONS/PRESENTATION:
o   CONSENT AGENDA:
        A. Approval of Minutes. CITY CLERK
        B. Liquor License Request- Pat's Road House, 157 S. Getty. CITY CLERK
        C. FIRST READING: Animal Ordinance Amendment. CITY MANAGER
        D. FIRST READING: Rescind Pension Ordinances. FINANCE
o   PUBLIC HEARINGS:
o   COMMUNICATIONS:
o   CITY MANAGER'S REPORT:
o   UNFINISHED BUSINESS:
o   NEW BUSINESS:
        A. FIRST READING: Proposed COLA for Retirees. FINANCE
        B. FIRST READING: Smoking at Pere Marquette Beach. CITY MANAGER
o   ANY OTHER BUSINESS:
o   PUBLIC PARTICIPATION:
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   Fil! 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 l O minutes if previously registered with City Clerk.)

•   ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4172.
Date:     July 10, 2007
To:       Honorable Mayor and City Commissioners
From:    Ann Marie Becker, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, June 26 th .



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          JULY 10, 2007
    CITY COMMISSION CHAMBERS@ 5:30 P.M.
                                 MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, July 10, 2007.
  Mayor Warmington opened the meeting with a prayer from Elder George
Monroe from the Evanston Avenue Baptist Church after which the Commission
and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioner Kevin Davis, Clara Shepherd, Lawrence Spataro, Sue Wierenga,
and Chris Carter, Acting City Manager Tim Paul, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-57 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, June 26 th •
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of minutes.
      B. Liquor License Request - Pat's Road House. 157 S. Getty. CITY CLERK
SUMMARY OF REQUEST:        The Liquor Control Commission is seeking local
recommendation on a request from TPWS, Inc. of 157 S. Getty Street to enlarge
the existing outdoor service area to its existing 2007 Class C-SDM licensed
business with Dance-Entertainment Permit, Outdoor Service (l Area) and 2 Bars.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
      E. Resignation and Appointments from Various Boards. CITY CLERK
SUMMARY OF REQUEST: The Community Relations Committee recommends that
the following resignations be accepted and appointments be made:
Land Reutilization Committee - Resignation of Michael Amrhein
DDA - Resignation of Jessica Elsey
Citizens Police Review Board - Resignation of Quinlan Cooley, appoint Barbara
Kuipers, resident
District Library Board - Death of Craig V. Brown
Equal Opportunity Committee - Vacancy for Citizen, appoint Willie German, Jr.,
resident
Motion by Commissioner Carter, second by Commissioner Davis to approve the
Consent Agenda minus items C and D.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
           and Gawron
            Nays: None
MOTION PASSES
2007-58 ITEMS REMOVED FROM THE CONSENT AGENDA:
      C. FIRST READING: Animal Ordinance Amendment. CITY MANAGER
SUMMARY OF REQUEST: To amend the City's Animal Control Ordinance to
require dogs and cats to be under restraint, except for a service animal
performing its duties or in training.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION:           The City Commission         requested   this
amendment at their Worksession on June l l, 2007.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the amendment to the City's Animal Control Ordinance.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
      D. FIRST READING: Rescind Pension Ordinances. FINANCE
SUMMARY OF REQUEST: The transfer of pension assets and retirement system
administration to the Municipal Employees Retirement System of Michigan
(MERS) makes it unnecessary to maintain local pension ordinances on the
books. The ordinance repeals the City's former pension ordinances.
FINANCIAL IMPACT:      Some savings from reduced confusion and ordinance
indexing.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the ordinance.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the rescinding of the pension ordinances.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
           Shepherd
            Nays: None
MOTION PASSES
2007-59 NEW BUSINESS:
      A. Proposed COLA for Retirees. FINANCE
SUMMARY OF REQUEST: One of the considerations made when we moved to
MERS was that we would mimic as closely as possible the pension COLA
program in place since the mid-1990's within the structure of MERS. In a nutshell,
the old COLA program provided permanent cost of living increases to
pensioners retired five years or more that were capped at 75% of the CPI.
COLA's were payable only in years when investment performance exceeded
actuarial estimates (8%). Due to lagging investment performance, no COLA
payments have been made for the last two years.
Investment performance has improved and, at this time, we are recommending
approval of a 1.80% COLA increase payable to pensioners retired five years or
more as of 1/1/07. Standard MERS practice is to implement COLA provisions
each January, but they have agreed to implement this COLA for us as of July 1.
We recommend the COLA be divided into two equal parts with 0.90% awarded
7/1 /07 and 0.90% awarded 1/1 /08. Future COLA increases would then be made
in January, if warranted.
The 1.80% COLA is based on a MERS actuarial review of investment
performance, change in the CPI for 2006 and staff discussions with actuaries
concerning the financial condition of the account.
FINANCIAL IMPACT: The proposed COLA adjustment will increase the accrued
liability of the retirees' account $546,870 and leave the account just over 101 %
funded.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize MERS to pay a 1.80% COLA to retirees
retired five years as of 1/ 1/07, payable in two equal parts July 1, 2007 and
January 1, 2008. Authorize future COLA adjustments to be made effective each
January l with the next COLA review being January 1, 2009.
Motion by Commissioner Spataro, second by Commissioner Davis to approve
the proposed COLA for retirees.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga, Carter,
           and Davis
            Nays: None
MOTION PASSES
      B. FIRST READING: Smoking at Pere Marquette Beach. CITY MANAGER
SUMMARY OF REQUEST: To approve an ordinance to prohibit smoking at Pere
Marquette Beach from the pier sidewalk south to the handicap walk.
FINANCIAL IMPACT: Minimal costs associated with enforcement of ordinance.
BUDGET ACTION REQUIRED: None
COMMITTEE REC OMMEN DA TION: The City Commission approved the concept
at their June Worksession.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the ordinance to prohibit smoking at Pere Marquette Beach from the pier
sidewalk south to the handicap walk.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
           and Spataro
            Nays: None
MOTION PASSES
      C. Fireworks Display - Bike Time. CITY CLERK
SUMMARY OF REQUEST: Bike Time is requesting approval of a fireworks display
during the Poison concert at Heritage Landing on July 22nct. Fire Marshall
Metcalf has reviewed the request and recommends approval contingent on
inspection of the fireworks.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks
and approval of the insurance.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve
the Bike Time request for fireworks during the Poison concert at Heritage Landing
on July 22nd.
ROLL VOTE: Ayes:   Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Carter
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Muskegon Rescue Mission is celebration their l 00 th
Anniversary by having a birthday party July 21 st .
ADJOURNMENT: The City Commission Meeting adjourned at 5:57 p.m.


                                       Respectfully submitted,




                                       Ann Marie Becker, MMC
                                       City Clerk
Date:      July 1 0, 2007
To:         Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:         Liquor License Request
            Pat's Road House, 157 S. Getty




SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from TPWS, Inc. of 157 S. Getty
Street to enlarge the existing outdoor service area to its existing 2007
Class C-SDM licensed business with Dance-Entertainment Permit,
Outdoor Service (1 Area), and 2 Bars.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval.
                                 Muskegon Police Department
                                                  Anthony L. Kleibecker
                                                 Director of Public Safety




                   980 Jefferson                www . 111 uskegonpolice.com   Phone: 231-724-6750
                   Muskegon, Michigan                                         FAX: 231-722-5140
                   49443-0536




June 29, 2007



To:             City Commission through the City Manager

From:                  L . l~
                    ony L. Kleibecker, Director of Public Safety

Re:             Liquor License Request - 157 S. Getty Street, Muskegon, MI.
                Request to Enlarge Existing Outdoor Service Area



The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation of applicant TPWS, Inc. of 157 S. Getty Street, comprised of Steven Seng.

TPWS, Inc . is requesting to enlarge the existing outdoor service area to its existing 2007 Class C -SDM
licensed business with Dance-Entertainment Permit, Outdoor Service (1 Area), and 2 Bars located at 157
S. Getty Street, Pat's Road House Bar. Steven Seng has experience in the alcohol service industly and is
aware of the Muskegon Police Department' s position on enforcing local alcohol laws and ordinances.

A check of Muskegon Police Department records showed no reason to deny this request.




ALK/kd
To:    Tony Kleibecker, Director of Public Safety

From: Det. Kurt Dykman

Date: 6-22-07

Re:    Liquor License Service Area



ChiefKleibecker,

The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant TPWS, Inc. of 157 S. Getty
Street, Muskegon, ML 49442 which is comprised of applicant Steven Seng.

TPWS, Inc. is requesting to Enlarge Existing Outdoor Service Area to its existing 2007
Class C-SDM licensed business with Dance-Entertainment Permit, Outdoor Service (1
Area), and 2 Bars located at 157 S. Getty (Pat's Road House Bar).

A check of MPD records showed no reason to deny this request.

Respectfully submitted,




Det. Kurt Dykman


data/common/liquor/TWPS 07
                                                                                                       0 7-     7
                                                                                                                /
                                                                                                                      )

                             Michigan Department of Labor & Economic Growth                       FOR MLCC USE ONLY
                           MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                    7150 Harris Drive, P.O. Box 30005                           Request ID# 4ec1=8=07~2~--
                                      Lansing, Michigan 48909-7505
                                                                                                Business ID# 160125
                       LAW ENFORCEMENT RECOMMENDATION                                            (/ri'i·cJ7
                             [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]



                                                          May 14, 2007

  TO:      MUSKEGON POLICE DEPARTMENT
           CHIEF OF POLICE
           980 JEFFERSON STREET, PO BOX 536
           MUSKEGON, Ml 49443-0536




Re: TPWS, INC. REQUESTS TO ENLARGE EXISTING OUTDOOR SERVICE AREA IN 2007 CLASS C-SDM LICENSED
BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, OUTDOOR SERVICE (1 AREA), AND 2 BARS, LOCATED AT 157
S. GETTY, MUSKEGON, Ml 49442, MUSKEGON COUNTY.

CONTACT: STEVEN L. SENG, TREASURER (231)329-1551


We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this
request should be directed to the MLCC Licensing Division at (517) 322-1400.



 •       OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:

           Weekdays               A.M. to                A.M.

           Sundays                A.M. to                A.M./P.M.

 D Recommended D Recommended, subject to final inspection D Not Recommended
 NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
 must complete the box below. If additional space is needed please use reverse side of this form.


 •       OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:

          Weekdays                A.M. to                A.M.

           Sundays                A.M. to                A.M./P.M.

 D Recommended D Recommended, subject to final inspection D                         Not Recommended



 •       DANCE PERMIT

 •      Recommended     D Recommended, subject to final inspection D                Not Recommended



 •       ENTERTAINMENT PERMIT

 D Recommended D Recommended, subject to final inspection D                         Not Recommended
  Law l=nforcernent Recommendation (cont'd)                                                                                                                                    /le;a_ 1./t ..i.            1=
                                                                                                                     Se.../".....11,..   e.. . . . . o.____li....._,
                                                                                                                                       c .....                t'q

 Deadline for receipt of all information: _ _ _ _ __ _ _ _ __ _ __
 Public Safety                                Approved               D              Denied           D             No Action Needed                         D
 Income Tax                                   Approved              D               Owing           D              Amount:

 Treasurer                                    Approved              D               Owing           D              Amount:

 Zoning                                       Approved              D              Denied           D              Pending ZBA                    •
 Clerk's                                      Approved              D              Owing           D               Amount:

· Fire/Inspections                            Approved              D              Denied           D              Remaining Defects                        D




. Department Signature_ _ _ _ _ _ _ __ __ __ __ _ _ _ __
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
                              LIQUOR LICENSE REVIE\V FOR1,1

  Business Name:                                       J:/ /JJ S                                    Le.
                                           ----,.~""""'----=;;..,..7----==""-......,.._ _ _ _ _ _ _ _ _ _ _ __

 AKA Business Name (if appJica ble): _ _&=a..:...1....~'------Jro'-1-,¥._o....,J!.,.___J/i,_,_..o~u.__..._,.S.....e.....__                                                        ~
 Opera tor/Manager's Name_: ---=5;;......t~e_.._,J...i..e...;../J..____._
                                                                       ,S......
                                                                            e.;..arJ:.,.,,fZ-.,____ _ _ __
                                                                                                                                                     ?
 Business Address:                                                                  ISZ                              S.

 Reason for Review:
 New License                       D                         Transfer of Ownership                                      D                            Dance Permit                         D
 Drop/Add Name on License                                               D                                                                 Transfer Location                               D
 Drop/Add Stockholder Name                                                 D                                       New Entertainment Permit                                              D

                             oG,. .,. ._9.. .,. eo<.. <'.__e=.,.x.....1-=~'--'f~r....a.j;.,,_...p-;_. . o. .....u......h.....0.....l_..o-o....
 Other ___L__._/1...../2.__......                                                                                                         c _.....                 1 =-'e
                                                                                                                                                        C......11,....
                                                                                                                                               s-$....f....             .....~__.9.........../'(~"'q
 Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ _ __
 Public Safety                                             Approved                  D                 Denied             D               No Action Needed                               D
 Income Tax                                                Approved g{'                                Owing             D                Amount:

Treasurer                                                  Approved                  D                 Owing             D                Amount:

Zoning                                                    Approved                   D                 Denied            D                Pending ZBA                        0
Clerk's                                                   Approved                   D                Owing             D                Amount:

· Fire/Inspections                                        Approved                   D                Denied             D              Remaining Defects                               D




Department Signature
Please return to the City Clerk's Office
                                                           ~            .,,,,si,J     &2l--
Gail A. Kundinger,
Liquor License Coordinator
                             Michigan Department of Labor & Economic Growth                       FOR MLCC USE ONLY
                           MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
                                    7150 Harris Drive, P.O. Box 30005                           Request ID# 4'-'1"'-8""'07'-'2~~~
                                      Lansing, Michigan 48909-7505
                                                                                                Business ID# 160125
                       LAW ENFORCEMENT RECOMMENDATION
                             [Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403)
                                                                                                  (,rl"i·o 7           'T1114-


                                                          May 14, 2007

  TO      MUSKEGON POLICE DEPARTMENT
          CHIEF OF POLICE
          980 JEFFERSON STREET, PO BOX 536
          MUSKEGON, Ml 49443-0536




Re: TPWS, INC. REQUESTS TO ENLARGE EXISTING OUTDOOR SERVICE AREA IN 2007 CLASS C-SDM LICENSED
BUSINESS WITH DANCE-ENTERTAINMENTPERMIT, OUTDOOR SERVICE(TAREA), AND 2BARS;LOCATED-AT 157
S. GETTY, MUSKEGON, Ml 49442, MUSKEGON COUNTY.

CONTACT: STEVEN L. SENG, TREASURER (231)329-1551


We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation to the offices of the MLCC at the above address. Questions about this
request should be directed to the MLCC Licensing Division at (517) 322-1400.



 •      OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:

          Weekdays               A.M. to                 A.M.

          Sundays                A.M. to                 A.M./P.M.

 D Recommended D Recommended, subject to final inspection D Not Recommended
 NOTE: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
                                                                                                                  -
 must complete the box below. If additiOnal space is needed please use ·reverse side of this form.
                                                                                                                            .




 •      OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:

          Weekdays               A.M. to                 A.M.

          Sundays                A.M. to                 A.M./P.M.

 D Recommended D Recommended, subject to final inspection D                         Not Recommended



 •      DANCE PERMIT

 •     Recommended      D Recommended, subject to final inspection D                Not Recommended



 •      ENTERTAINMENT PERMIT

 D Recommended D Recommended, subject to final inspection D                        Not Recommended
 'Law Enforcement Recommendation (cont'd)                                                                                                                             fZ-'ia Lft::::-,,\ ~'v\_A_.\_,J) \L1  .
                                                        Ann Marie Becker, MMC, City Clerk
                                        CERTIFICATE

      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a trne and complete copy of an
ordinance adopted by the Ci1? Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 10 h day of          July             , 2007, at which meeting a quornm
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.


DATED:     July 10        , 2007


                                      ~      .        )             .
                                            ~,----._ ,~\\ '--.\,v"- v\.
                                       Ann Marie Becker, MMC
                                                                          2-     .
                                                                          ~ .,l5LJ(;L/\
                                       Clerk, City of Muskegon

Publish:     Notice of Adoption to be published once within ten (10) days of final adoption.
                                                        CITY OF MUSKEGON
                                                       NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED


       Please take notice that on           /0         , 2007, the City Commission of the City
of Muskegon adopted an amendment to ection 6-5, Owner Responsibility under the Animals
ordinance of the City of Muskegon, summarized as follows:

           Sec. 6-5. Owner responsibility.

        (a) All dogs and cats shall be kept under restraint, except for a service animal
actively engaged in performing its duty or a dog actively engaged in training or
performance event or competition. Dogs or cats shall not be permitted to be at large in the city.

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

           This ordinance amendment is effective ten (I 0) days from the date of this publication.


                                                                                   CITY OF MUSKEGON


Published:            Ju/y                It        ,2001                          By_ _ _ _ _ _ _ _ _ _ _~
                                                                                   Ann Marie Becker, MMC, City Clerk




PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Fi!es\OLKIA\DL335 !.doc
Date:    July 1O, 2007

To:     Honorable Mayor and City Commissioners

From:      Finance Director

RE:     Proposed COLA for Retirees



SUMMARY OF REQUEST: One of the considerations made when we moved to
MERS was that we would mimic as closely as possible the pension COLA program in place
since the mid-1990's within the structure of MERS. In a nutshell, the old COLA program
provided permanent cost of living increases to pensioners retired five years or more that were
capped at 75% of the CPI. COLA's were payable only in years when investment
performance exceeded actuarial estimates (8%). Due to lagging investment performance, no
COLA payments have been made for the last two years.

Investment performance has improved and, at this time, we are recommending approval of a
1.80% COLA increase payable to pensioners retired five years or more as of 1/1/07.
Standard MERS practice is to implement COLA provisions each January, but they have
agreed to implement this COLA for us as of July 1. We recommend the COLA be divided
into two equal parts with 0.90% awarded 7/1/07 and 0.90% awarded 1/1/08. Future COLA
inoreases would then be made in January, if warranted.

The 1.80% COLA is based on a MERS actuarial review of investment performance, change
in the CPI for 2006 and staff discussions with actuaries concerning the financial condition of
the account.

FINANCIAL IMPACT: The proposed COLA adjustment will increase the accrued
liability of the retirees' account $546,870 and leave the account just over 101 % funded.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Authorize MERS to pay a 1.80% COLA to retirees
retired five years as of 1/1/07, payable in two equal parts July 1, 2007 and January 1, 2008.
Authorize future COLA adjustments to be made effective each January 1 with the next COLA
review being January 1, 2009.

COMMITTEE RECOMMENDATION: None
GRS                Gabriel Roeder Smith & Company           One Towne Square                 248.799.9000 phone
                   Consultants & Actuaries                  Suite 800                        248.799.9020 fax
                                                            Southfield, Ml 48076-372.l       www.g:1briclroedcr.c.:om




 June 21, 2007




 Ms. Anne M. Wagner
 Chief Executive Officer
 Municipal Employees' Retirement System
   of Michigan
 1134 Municipal Way
 Lansing, Michigan 48917

 Re: Supplemental Valuation for Muskegon, City of (6116), Division(s) 10, 20

 Dear Anne:

 After conversations with the City of Muskegon, we have been requested to provide additional
 information for the attached supplemental with the same date as this letter. The attached supplemental
 is a standard MERS supplemental in that the results are based on the results of divisions 10 and 20 as
 currently reported in the December 31, 2006 annual valuation.

 The attached supplemental values a one-time 2.0% increase in retirement benefits, effective July 1,
 2007, for all members in these divisions who have been retired at least five years. The list ofretirees
 impacted was provided by the City. Certain members eligible for the retirement benefit increase are in
 receipt of a $50 monthly benefit, as payment for opting out of retiree healthcare. As requested by the
 City, we have not applied the retirement benefit increase to this $50 monthly benefit. The 2.0%
 increase in retirement benefits has been applied to the benefit amounts (net of this $50 monthly
 benefit) currently in effect, as reported for the December 31, 2006 annual valuation.

 It is our understanding that the City is interested in the increase in cost to the System for various one-
 time increases for these groups other than the 2.0% valued in the attached supplemental report. The
 cost of the various alternatives can be discerned by prorating the results in the "Difference" column of
 the 2.0% increase in retirement benefits. For example, the cost of a one-time 1.0% increase in
 retirement benefits is one-half the results of the 2.0% increase shown in the "Difference" column.
Ms. Anne M. Wagner
June 21, 2007
Page2



When considering the implementation of a Flexible E, one could consider Divisions IO and 20
collectively as one. Were the assets and liabilities for Divisions 10 and 20 combined as of December
31, 2006 the results of both the December 31, 2006 annual valuation and the June 21, 2007
supplemental valuation would be changed. These changes are summarized in the table below.


                                             2006 Annual      Supplemental Dated
      Divisions 10 and 20 Combined            Valuation          June 21, 2007         Difference
   Actuarial Accrued Liability               $42,217,465         $42,825,099           $607,634
   Valuation Assets                          $43,237,006         $43,237,006               0
   Unfunded Accrued Liability                $ (1,019,541)       $   (411,907)         $607,634
   Percent Funded                               102.4%               101.0%              (1.4%)

   Total Regular Employer Contribution
   for the 2008 fiscal year                       $0                   $0                 NIA


As seen above, the combined Divisions 10 and 20 would be overfunded by $1,019,541 as of
December 31, 2006 with $0 contribution due for the 2008 fiscal year for this group. The increase in
liability associated with the proposed 2% one-time benefit adjustment is $607,634. The impact of the
proposed 2% one-time increase valued in the June 21, 2007 supplemental report would reduce the
combined overfunding to $411,907, and the contribution for the combined Division would remain at
$0 for the 2008 fiscal year.

Please feel free to contact me with comments or questions.

Sincerely,


J1~/L
Jim Koss

WJK:lr
Enclosures




                                    Gabriel Roeder Smith & Company
                                                                                                     248.799.9000 phone

GRS                  Gabriel Roeder Smith & Company              One Towne Square
                     Consultants & Actuaric!-i                   Suite 800                           248.79.9.9020 fax
                                                                 Southfidd, .MI 48076-3723           \Vww.gabriclroc,,\ '\;\JvJ__ j2, Lv f .. 1
                                                    Ann Marie Becker, MMC, City Clerk
                                        CERTIFICATE

       The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the Cii Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 10 h day of          July              2007, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of I 976, as amended, and that minutes were kept and will be or have been made available as
required thereby.


DATED:     July 10         2007



                                       Ann Marie Becker, MMC
                                       Clerk, City of Muskegon

Publish:     Notice of Adoption to be published once within ten (10) days of final adoption.
                                                        CITY OF MUSKEGON
                                                       NOTICE OF ADOPTION

TO: ALLPERSONSINTERESTED


       Please take notice that on     ~l/    / 0         Ju
                                                       , 2007, the City Commission of the City
of Muskegon adopted an amendment to;;ction 34-34, Smoking under the Health and Sanitation
ordinance of the City of Muskegon, summarized as follows:

            Section 34-34. Prohibition of smoking; exceptions and limitations.

       (c)    Smoking shall be strictly prohibited in the area of Pere Marquette Park bounded
by the walkway leading from the bathhouse to the water's edge on the south, the walkway to the
south breakwater on the north, the sidewalk adjacent to the roadway on the east and the water's
edge on the west.

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

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


                                                                                   CITY OF MUSKEGON


Published:            Ju I(7ti_           /{o       ,2007                          By_ _ _ _ _ _ _ _ _ _ __
                                                                                   Ann Marie Becker, MMC, City Clerk




PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\DL3340.doc
Date:      July 1 0, 2007
To:        Honorable Mayor and City Commissioners

From:      Ann Marie Becker, City Clerk
RE:        Fireworks Display
           Bike Time




SUMMARY OF REQUEST: Bike Time is requesting approval of a
fireworks display during the Poison concert at Heritage Landing on July
22 nd . Fire Marshall Metcalf has reviewed the request and recommends
approval contingent on inspection of the fireworks.


FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
                                                                                                                 2007-5'/(c)



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


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


ISSUED TO:
NAME         Advanced Entertainment Services
ADDRESS                                                                       AGE
             4325 West Reno Avenue, Las Vegas, Nevada                                                                  89118

REPRESENTING
NAME OFORGAN1ZATION, GROUP, F1R.\,f OR CORPORATION
             Bike Time
ADDRESS



NUMBER & TYPES OF FIREWORKS:

             Special effect for stage fireworks display




DISPLAY:
EXACT LOCATION
             Heritage Landing Stage
CITY, VILLAGE, TOWNSHIP                           DATE                                                   TIME
City of Muskegon-                             July 22, 2007                                               8:30 p.m.

BOND OR fNSURANCE FILED:                       (]') YES                 () NO                                        AMOUNT$5,000,000.00

ISSUED BY·
                            Issued by action of the MUSKEGON CITY COMMISSION
                                                                            (~cil. a:immiuion, boud)
                            of the    CITY                             of         MJISKEQON
                                           (c1ry. vdl.asc. :ownship)                 (IWl'le Q( city, villa1,. LCl'N!Uhip)


                   on the


                                                                                                                  Warmington, Mayor
    07!~5/2007                13:54             7023541852                                     AES                                                                                    PAGE       01/01


                                                                                                                                                                                            ,~
                                                                                                                                  II D/LTE (MMA)Pln')             7/2/07 Revised
CERTIFICATE OF LIABILITY INSURANCE
fRODUCER                                                                                           THIS Cl>RTIFICATE 1>OES NOT .IMEND,EJ(UNII OR AL'l'l:R
                                                                                                   r!IE COVEIU-GE AH'ORD)':11 BY THE POLICIES BELOW.
     DRAYTON INSURANCE BROKERS, INC.
     P.O.BOX94067
     BIRMlNGllAM, ALABAMA 35220
     (205) 854-5806                                                                                                       INSURUIS AFFOIU)ING COVERAGE

INSU:IU;D                                                                                          lN~RAi                ADMIR/\.L INSURANCE COM!>ANY
                                                                                                   INSURIRB:
        Advanced Entertainment Services
                                                                                                   INSIDU:R C:
        4325 West Reno Avenue
                                                                                                   lNSUR'CR ))i
        Las Vegas, Nevada 89!18
                                                                                                   .'(J'ISlJJILJ\ E;

COVEMGES
THE F-OLlC"OCS OflN$"CJRANCt LIS'(tP il:£U.W ltA VE BEEN ~SSU&I) TO na: msuru:p N,t.Mlro ABOVE l'O~ rm roucv FEJUOJ) n,lDXCAT!:D. NOTWX'.OIST/\NDING ANY &QUl.RtMENT,
'.(,OM OR CONDITION O.\'I 11,JrX CONTDACT OR oro;g:kf. DOCUMENTWna lU;:$nCT TO wmce: no:s CtJ\Tl'lo'rCA.n MA )I' BX lUV.tll OD. MA'( '1,:_,,Th.W, TIIE lNSVMl'IC~ /\l"E'O~D ltY
·nu; roucn:s J)J;SCRJ.BlO Bl:R.ElN lS SlJMCT TO ALL TW: 1.£.RMS, EXCLUSION{' A:NJ,) COl"DITTDNS Of sues: .!'OLIClES..AOORtCATt UM.ITS S80W!'f ~IA y BAVi- ~~tff UDUC.ED :8\'
r.4. lD CLAJM'S.
"''"-
LTR              TY.fl: OF INSURANO                    l'OUCY NVMllEn
                                                                                 POLI<:,' tnl:ClTVE
                                                                                        DATE
                                                                                                                POLICX ED'lll.A TION
                                                                                                                          DAU                                      u~m
          G£N"£RAJ. J'..JA:80:,lT'/                                                                                                        .EACH 0CCURP..EN"C£                          $ 5.000.000
          ...lL.COMMEll.ClAl G.ENEML LIABll.ITY                                                                                            FIRE DAMAO:t (My        <71\f)   fir,:,)     $ 50,000
          ___x_OCCURJI..ENCE __ Cl,AIMSMADE            CA000003209-17                3/1/07                            3/1/08              MED    J!JO' (Atl}' OWi pcnou)               $    NONE
A
                                                                                                                                           PERSON/\J.. & ADV INJUJlY                    $ 5 000.000
                                                                                                                                           G£NER.,q. ACCPJIGAT£                         $5,000,000
          GEN'L AGGMG-ATE LJMIT APPUES ?l!R:                                                                                               PRODUCTS-COMP/OP AOO                         $ 5 000.000
          __lS._ POU CY _ _ P'l\OJECT _          COC
          A~11'"0MOM..t .t.X1,JUUTY                                                                                                        COMJ:11!\/,l!,O ~JJ'l'GLE LWIT

          --
          _
             AN'\' AlJTO
             AJ.J..O~AVTO.S
                                                                                                                                           ~i=id!Jllt)
                                                                                                                                           :MOILYlNJURY
                                                                                                                                                                                        $

          _ _ SCHEDUL:ED J\.UTOS                       NOT COVERED                                                                         1)                            s
                                                                                                                                           .PROPERTYOM'IAGE
                                                                                                                                           (l'u1.tci0.<:JJ1)                            $
          GI\AAGJi: L)'..tl.l:UUtr                     NOTCOVEREP

          .vc.CXH L~,q.,ro_n-y                                                                                                             E1'.CH OCCUl'LJII.ENCl!.                     $
          -        OCCUK       --        CLAIMS MADE

                                                       NOTCOVEREP
                                                                                                                                           AGGREGATE                                    $
                                                                                                                                                                                        $
          -        01:iDUCTllH.Jl                                                                                                                                                       $
                   RETENTION         !                                                                                                                                                  $
           WQRnRS' COMnNSA TION AND
           t::MrLOY£1tS> LlADD..fTY                    NOT COVERED
           O'rUIIR

))l50UJ't~01"1 (lf (),olA nONSILOCATI•!IISIVEfflCU:S/1:XCLUSlONS ADDl:J) Jr)' ~J'll)OR.S.tMJtl'l"Tr.Jn:CIAL PROVISIONS


The City of Muskegon and all elected and appointed officials, all employees and volunteers, all board commissions or
authorities and their Board members, employees and volunteers. County of Muskegon, Muskegon Summer Celebranon,
West Michigan Oock and Market Group, and Heritage Landing are named as additional insured with respecr to 7-22-2007
~ J a y ar Heritage Landing- Amohitheatre.
                      L
                                                                                                SllQ'Ol,)) A1tV ('ffTB'E ABOVE DESCRIBED POLlCU:S M CA-~ctLU:I> IIEFOll.E THE
 City of Mt1skegon                                                                              :EXJ'lRATTON DATE 1'RT.Rf.Oll', 'riff:: {S!l,\IJNCXN'S'()»J;R WILL END£AVOR TO M:AJ;:J..._!2_
                                                                                                DAYS WlUTT£N l'iOTIO:: TO 11:l'! CUI.TI FlCATE lJOl-Dtlt NAMl:O IO lllt X..En', BOT
 933 Terrace Street                                                                             1AD..UR:£ TO DO SRA.LL n-O'OSt NO OsuC...TJON OR LIABILITY Of' ~NY Klli» UJ'O!'I
                                                                                                 '(W!'., U"'t>UIU;.I\, ITS AGENTS OR UFJ(£S:tNtAlX'Vt.S.
 Muskegon, Michigan 49440

                                                                                                 AUTROru'.XltD RIFRISli'.ITT,.,_~


                                                                                                                                       '
                                                                                                  ~L
                                                                                                 M. Std.oeer
                                                                                                                                           /
933 Terrace Street             OFFICE 231-724-6705           CIT)! Ot= ~tUSl\~(3O~
Muskegon, MI 49440             FAX 231-724-4178
                                                             CL~Vl\!)S Ot=t=IC~


r:AX co~ Stfl:H
        To:      "!w l71cC£n:JY
        Fax:                                         Pages(including cover)


        Phone:                                       Date:       7- 'l -   O   Z

        Re: .                                        CC:


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




         /1,t'       ~    .·

      I!~ ctd                         crt,J i{t                  1/YL(U~


                              r        ~     ~ r u - c·                        ~
                          Q       ~                     (/~)                   r-          i/4
                                                       ....         ............. ,7
MUSKEGON BIKE TIME EVENTS, INC.
        590 WEST OTTAWA ST                            74-1394/724
                                                                    1oa3          I
         MUSKEGON, Ml 49442




    COMMUNITY SHORES BANK
      MUSKEGON, Ml 49441


                                                                             M'


                                  ~DODO 2 bO :1811'

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