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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 8, 2005
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, February 8,
2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach 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 Bill Larson, Commissioner
Stephen Gawron, Clara Shepherd, Lawrence Spataro, Chris Carter, and Kevin
Davis, City Manager Bryon Mazade, City Attorney John Schrier, and Deputy City
Clerk Linda Potter.
2005-11 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, January 25, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: Criminal Justice Services, Inc., 1267 Pine Street, is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a gaming license. They have been
recognized as a 501 (c) (3) organization by the State. They would like to hold
Bingo games on an ongoing basis.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. Fireworks Display – Shrine Circus. CITY CLERK
SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting approval of a
fireworks display permit for March 4th and 5th at the Walker Arena. Fire Marshall
Metcalf will inspect the fireworks. The insurance coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
D. Amendment to City Commission Rules and Procedures. LEGISLATIVE
POLICY COMMITTEE
SUMMARY OF REQUEST: To adopt the amendment to the City Commission Rules
and Procedures to include the following addition:
Under Section titled Guidelines of Conduct, Paragraph C add #4 to say “Before
any Commissioner accepts an appointment to any out of state board which
may involve out of state travel, he or she must first bring it before the entire
Commission for consideration.”
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: Recommends Approval.
E. Budgeted Vehicle Replacement - Two Dodge 1500 4x4 Quad Cabs.
PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two Dodge 1500 4 x 4 Quad
Cabs using the State of Michigan Purchasing Contract.
FINANCIAL IMPACT: Total Cost $42,361.56.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
F. Budgeted Vehicle Purchase - Two Chevrolet Colorado Trucks. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase two Chevrolet Colorado Trucks
using statewide purchasing.
FINANCIAL IMPACT: Total Cost $29,752.28.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
G. Budgeted Vehicle Replacement - Three Ford F-250 Trucks. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase three Ford F-250 trucks from Tony
Betten & Sons Ford.
FINANCIAL IMPACT: Total Cost $48,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase of three Ford F-250 trucks
from Tony Betten & Sons Ford.
H. Budgeted Vehicle Replacement - Three F-450 Cab and Chassis.
PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase three F-450 cab and chassis from
Tony Betten and Sons and fabrication using Monroe equipment.
FINANCIAL IMPACT: Total Cost $74,905.98.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase of three F-450 cab and
chassis from Tony Betten and Sons and fabrication using Monroe equipment.
I. Budgeted Plow Truck Purchase – Two Cab and Chassis. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two cab and chassis from
Woodland International. Underbody plows and boxes will be purchased
separately.
FINANCIAL IMPACT: Total Cost $104,062.24.
BUDGET ACTION REQUIRED: None. $150,000 was budgeted for the total
purchase.
STAFF RECOMMENDATION: Approve purchase of budgeted replacement plow
trucks from Woodland International.
K. Grant Agreement with the State of Michigan. CITY CLERK
SUMMARY OF REQUEST: To enter into a Grant Agreement with the State of
Michigan for voting equipment and related software and to appoint Gail
Kundinger, City Clerk, as the grant manager.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Consent Agenda with the exception of item J.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-12 ITEM REMOVED FROM THE CONSENT AGENDA:
J. Amendment to Special Event Policy. CITY MANAGER
SUMMARY OF REQUEST: To amend the city’s Special Event Policy to provide that
only the permit application fee is waived for Veterans’ Groups and
Neighborhood Associations. Other special events service requests will not be
waived.
FINANCIAL IMPACT: Unknown potential savings to the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposed amendment.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
amendment to the Special Event Policy.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
2005-13 PUBLIC HEARINGS:
A. Create a Special Assessment District for Clay Avenue, Terrace to
Spring. ENGINEERING
SUMMARY OF REQUEST: To hold a Public Hearing on the proposed special
assessment for Clay Avenue, Terrace to Spring, and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors
if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:41 p.m. to hear and consider any comments
from the public. No public comments were made.
Motion by Commissioner Spataro, second by Commissioner Davis to close the
Public Hearing at 5:43 p.m. and approve the special assessment for Clay
Avenue, Terrace to Spring.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
Commissioner Shepherd and Vice Mayor Larson were appointed to the Board of
Assessors.
B. Create a Special Assessment District for Park Street, Laketon to Young.
ENGINEERING
SUMMARY OF REQUEST: To hold a Public Hearing on the proposed special
assessment for Park Street, Laketon to Young, and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors
if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:45 p.m. to hear and consider any comments
from the public. Comments in opposition were heard from: Allen Lowe and
Craig Lowe, co-owners of Greater Muskegon Transfer, 1922 Park.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 6:02 p.m. and approve the special assessment for Park Street,
Laketon to Young.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
Commissioner Spataro and Mayor Warmington were appointed to the Board of
Assessors.
2005-14 NEW BUSINESS:
A. Brownfield Site Assessment Professional Services Agreement -
Environmental Consultants. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the “Professional Services Agreement”
(“Agreement”) for environmental services related to the Site Assessment
Grant/Loan received by the City. This same Agreement will be used between
the City and each of the four firms approved by the Commission (i.e., Prein &
Newhof, P.S., Westshore Engineering, ERM, Inc., Horizon Environmental).
FINANCIAL IMPACT: The payments to the environmental consultants will be
made from the Site Assessment Grant/Loan through the Michigan Department
of Environmental Quality.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement between the City of
Muskegon and the four approved environmental consultants, and authorize the
Mayor and Clerk to sign the Agreements.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Brownfield Site Assessment Professional Services Agreement.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. Seasonal and Temporary Services Provider Contract. CIVIL SERVICE
SUMMARY OF REQUEST: Approval of provider contract for seasonal and
temporary employment services. RFP solicitation resulted in three proposals,
which were due February 1, 2005. Proposals were received from:
GoodTemps, 765 W. Norton, Muskegon, MI 49441
MANPOWER, 20 West Muskegon Avenue, Muskegon, MI 49440-1317
Troy Technical Services, Inc., 1000 3-Mile Rd. NW, Grand Rapids, MI 49544
A committee consisting of managers and users reviewed proposals and
interviewed bidder representatives. While GoodTemps was the low bidder, the
decision to award them the contract was not made exclusively on that factor.
Overall, GoodTemps presented a desirable package in terms of flexibility,
responsiveness, hiring and orientation process, reporting, and commitment to
equal employment opportunity.
FINANCIAL IMPACT: Seasonal and temporary services are projected to cost
approximately $400,000 during 2005.
BUDGET ACTION REQUIRED: Financial resources are allocated in the 2005
budget.
COMMITTEE RECOMMENDATION: The committee recommends that GoodTemps
be awarded the 2005-2007 seasonal and temporary services provider contract.
STAFF RECOMMENDATION: Staff recommends and requests approval of the
decision to award the seasonal and temporary services contract to
GoodTemps, contingent upon working out agreement terms acceptable to the
City Attorney.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the seasonal and temporary services provider contract with
GoodTemps.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
C. Consideration of Bids: Dale Ave., Ruddiman to McGraft. ENGINEERING
SUMMARY OF REQUEST: The paving as well as sanitary sewer upgrade contract
(H-1596) on Dale Avenue between Ruddiman Street & McGraft Street be
awarded to Dan Hoe Excavating, Inc. out of Holland, MI. Dan Hoe Excavating,
Inc. was the lowest, responsible bidder with a bid price of $96,808.45.
FINANCIAL IMPACT: The construction cost of $96,808.45 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Dan Hoe Excavating, Inc.
Motion by Commissioner Gawron, second by Vice Mayor Larson to award the
contract for Dale Avenue, Ruddiman to McGraft to Dan Hoe Excavating, Inc.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None.
MOTION PASSES
D. Consideration of Bids: Evart Street, Allen to Amity. ENGINEERING
SUMMARY OF REQUEST: The paving contract (H-1597) on Evart Street between
Allen Avenue & Amity Avenue be awarded to McCormick Sand, Inc. out of
Shelby, MI. McCormick Sand, Inc. was the lowest, responsible bidder with a bid
price of $34,977.69.
FINANCIAL IMPACT: The construction cost of $34,977.69 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to McCormick Sand, Inc.
Motion by Commissioner Spataro, second by Commissioner Shepherd to award
the contract for Evart Street, Allen to Amity, to McCormick Sand, Inc.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
E. Consideration of Bids: Hudson, Forest to Southern. ENGINEERING
SUMMARY OF REQUEST: The utility work contract (S-588 & W-646) on Hudson
between Forest & Southern be awarded to Jackson Merkey Contractors out of
Muskegon. Jackson Merkey was the lowest, responsible bidder with a bid price
of $84,223.30.
FINANCIAL IMPACT: The construction cost of $84,223.30 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contractors.
Motion by Commissioner Spataro, second by Commissioner Gawron to award
the contract for Hudson between Forest & Southern to Jackson Merkey
Contractors.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
F. Change Order to add the 2005 Sidewalk Replacement Program onto
the 2004 Contract. ENGINEERING
SUMMARY OF REQUEST: It is requested that the 2004 Sidewalk contract with
Accurate Excavators be amended to include the 2005 Sidewalk Program via a
change order at an estimated cost of $156,007.
FINANCIAL IMPACT: The construction cost of $156,007 plus related engineering
expenses which is estimated at 20%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Amend the 2004 contract with Accurate Excavators
to include the 2005 project.
Motion by Vice Mayor Larson, second by Commissioner Gawron to amend the
2004 contract with Accurate Excavators to include the 2005 project.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
G. LED Traffic Signals. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Strain
Electric Company out of Grand Rapids, MI, to replace the incandescent signals
with LED (light – emitting diode) ones for the purpose of saving energy
consumptions and enhancing visibility at more than thirty (30) locations within
the City. The cost of this agreement would be $116,760 with a payback of less
than 4-years while the expected life of those LEDs is estimated at 5-7 years.
Strain Electric is being recommended without a formal bid process due to their
desire & willingness to extend the unit prices they did the Norton Shores project
for in 2004. Norton Shores went through a formal bid process and Strain was
selected based on qualifications and being the lowest responsible bidder.
FINANCIAL IMPACT: The cost of labor & materials of $116,750.
BUDGET ACTION REQUIRED: The upcoming quarterly budget will be revised to
reflect this project and eliminate the Lakeshore Drive, Lincoln to McCracken
project from the Major Street list of the 2005 CIP budget since our request for
grant was not approved by MDOT.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Strain
Electric to upgrade traffic signals.
Motion by Commissioner Spataro, second by Commissioner Gawron to authorize
staff to enter into an agreement with Strain Electric.
ROLL VOTE: Ayes: None
Nays: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
MOTION FAILS
2005-15 PUBLIC PARTICIPATION:
Various comments were heard from the public.
Eugene Stout asked where we are with the possible lay off of Fire Fighters.
Discussion was held.
Motion by Commissioner Spataro, second by Commissioner Shepherd to refer
the issue of inspections by the Fire Department to staff to resolve, which will
include a withdrawal of outstanding grievances within 48 hours, or take the
necessary steps to reinstate the former Housing Inspection positions and make
the required adjustment to the 2005 budget.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission adjourned at 7:23 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk