City Commission Minutes 08-14-2012

View the PDF version Google Docs PDF Viewer View the Video

     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                      AUGUST 14, 2012
    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, August 14, 2012.
Mayor Gawron opened the meeting with a prayer from Pastor Marcy Miller from
the Samuel Lutheran 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 Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, Sue Wierengo, Byron Turnquist, and Lea
Markowski, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
2012-61 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 23rd Special Commission
Meeting and the July 24th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     C. Water Treatment Plant Sluice Gate Repair. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to enter into a contract with Northwest
Kent Mechanical Co. to repair the clearwell sluice gate for a cost of $10,600.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To contract with the lowest responsible bidder,
Northwest Kent Mechanical Co. at cost of $10,600, for repair of the Water
Treatment Plant clearwell #2 sluice gate.
     D. Engineering    Services    Agreement    for   Environmental   Reports.


                                      1
         ENGINEERING
SUMMARY OF REQUEST: Accept the proposal from Westshore Engineering to
prepare the necessary closing documents for the Public Service Building and
Hartshorne Marina to get both locations off of the open Leaking Underground
Storage Tank sites. The proposed costs are: $8,710 for the Public Service Building
and $14,560 for the Marina site.
FINANCIAL IMPACT: The total cost of $23,270.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Accept proposal from Westshore Engineering for
$23,270 to prepare the closing reports.
      E. Purchase of Concrete Saw. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase Husqvarna FS 4800 walk
behind concrete saw from J&J Farms who submitted the lowest bid.
FINANCIAL IMPACT: $21,954.
BUDGET ACTION REQUIRED: None, the amount is under what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase new concrete saw from
J&J Farms who was the lowest responsible bidder.
      F. Liquor License Request from Muskegon Nights, Inc., 939 Third Street.
         CITY CLERK
SUMMARY OF REQUEST:           The Liquor Control Commission is seeking local
recommendation on a request from Muskegon Nights, Inc., 939 Third Street to
transfer shares of stock to new stockholder.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
      G. Grant Application for Fisherman’s Landing. FINANCE
SUMMARY OF REQUEST: The City is seeking this grant from the Great Lakes
Fisheries Trust (GLFT) for Fisherman’s Landing for the purpose of: a) renovating
badly deteriorated restroom facilities to comply with ADA standards and, b)
providing increased opportunities for bikers, trail users and the general public to
more fully utilize the facility by adding a handicap chair lift, make needed
launch ramp repairs, trail spur and other amenities. (A fishing pier was in the
original grant application but later removed.)
The restrooms at Fisherman’s Landing were cited in a Department of Justice
ADA audit conducted in 2008. The City has since entered into a settlement
agreement with DOJ to remedy these audit findings over time.


                                        2
FINANCIAL IMPACT: The total project cost is estimated to be $200,000. There is
no required local match.
BUDGET ACTION REQUIRED: If the City is awarded the GLFT grant, it will be
programmed into the 2013-14 budget.
STAFF RECOMMENDATION: Approval.
      H. Lakeshore Museum Loan Agreement (LaFrance Fire Truck).         PUBLIC
         SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the Lake Shore Museum Center Loan
Agreement relating to the 1923 American LaFrance Fire Truck with attached
equipment.
Currently, the LaFrance is on display at the Fire House Museum (Clay St.).
Curator of Collections (Sharon McCullar) is requesting the City consider
authorizing five additional years in which the LaFrance Fire Truck would remain
on loan to the Museum for the enjoyment of the community at large.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this extended loan agreement.
      I. 2012-2013 Muskegon High School Community Officer Agreement.
         PUBLIC SAFETY
SUMMARY OF REQUEST: To approve the 2012-2013 Muskegon High School
Community Officer Agreement. This agreement provides Muskegon High School
with a Community Officer during the nine months school is in session.
FINANCIAL IMPACT: Muskegon Public Schools agrees to pay the City of
Muskegon $2,121.80 each month, from September 2012 through May 2013.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the 2012-2013 Muskegon High School
Community Officer Agreement.
      J. New Cingular Wireless Second Amended Tower Lease Agreement.
         PUBLIC WORKS
SUMMARY OF REQUEST:        New Cingular Wireless PCS, LLC a Delaware
Corporation and the Department of Public Works have been in negotiations to
amend section one of the First Amendment to the 1998 Lease Agreement for
the Nims and Marshall Street Water Towers. The Second Amendment would
increase the current monthly rent, for two sites, from $4,884.48 per month to
$7,326.36 per month.
The Second Amended lease would allow New Cingular Wireless to install on

                                      3
each water tower up to a total of nine antennas, three additional antennas
from the current number of six.
FINANCIAL IMPACT: Monthly rental will increase to $7,326.36 per month effective
upon the installation of the three additional antennas per site which is expected
to be October 1, 2012. Monthly rental amounts to be escalated at the rate of
3% annually.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Second Amendment to the 1998
Lease Agreement and to authorize the Mayor and Clerk to sign.
      K. Local Officer’s Compensation Commission. CITY CLERK
SUMMARY OF REQUEST: Willie German, Jr. stepped down from the Local
Officer’s Compensation Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION:              The Community      Relations   Committee
approved this request at their August 13th Meeting.
Motion by Commissioner German, second by Vice Mayor Spataro to approve
the Consent Agenda minus item B.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
           Gawron
            Nays: None
MOTION PASSES
2012-62 ITEM REMOVED FROM THE CONSENT AGENDA:
      B. Non-Discrimination Resolution. CITY MANAGER
SUMMARY OF REQUEST: To approve a resolution prohibiting discrimination on the
basis of sexual orientation or gender identity.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to adopt the
Non-Discrimination Resolution as presented.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
           and Hood



                                       4
            Nays: None
MOTION PASSES
2012-63 NEW BUSINESS:
      A. Sale of 2265 Lincoln Street. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the sale of 2265 Lincoln Street to Lindsey J.
Dutkiewicz for the purchase price of $45,000 through the City of Muskegon’s
Homebuyer Program.
Originally obtained through HUD’s $1 Program, the CNS department totally
rehabilitated the structure to continue neighborhood revitalization and
stabilization.
FINANCIAL IMPACT: The program income obtained from the sale will be used to
continue affordable housing projects in the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to sell this home and provide
a resolution for the purchase.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the sale of 2265 Lincoln Street to Lindsey J. Dutkiewicz.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
           Spataro
            Nays: None
MOTION PASSES
      B. Water Supply Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve a water supply agreement with the City of
North Muskegon, City of Roosevelt Park, and County of Muskegon. This action
will create a single agreement for the City of Muskegon to supply water to these
customers at a uniform rate.
FINANCIAL IMPACT: May be a minor loss in revenue initially, but the agreement
will provide long-term financial stability.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign it.
Motion by Commissioner Hood, second by Commissioner Wierengo to approve
the water supply agreement with the City of North Muskegon, City of Roosevelt
Park, and County of Muskegon.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and


                                       5
            German
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
2012-64 CLOSED SESSION: Attorney/Client Communication.
Motion by Vice Mayor Spataro, second by Commissioner German to go into
Closed Session to discuss attorney/client communication.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
           Turnquist
            Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Hood to come out of
Closed Session.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
           Gawron
            Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Hood to reject the
citizen driven petition language to change the zoning at 2400 Lakeshore Drive,
a.k.a. Sappi and Melching from General Industrial to Waterfront Marine. By
Charter the language shall be forwarded to the County Clerk to be placed on
the November 6, 2012 ballot.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Markowski, Gawron, and Hood
            Nays: Turnquist
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:42 p.m.


                                            Respectfully submitted,




                                            Ann Marie Cummings, MMC
                                            City Clerk



                                      6

Top of Page