City Commission Packet 04-23-2013

View the PDF version Google Docs PDF Viewer

  CITY OF MUSKEGON
   CITY COMMISSION MEETING
                     APRIL 23, 2013
 CITY COMMISSION CHAMBERS @ 5:30 P.M.
                             AGENDA

CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
  A. 2012 Outstanding Citizenship Awards.
INTRODUCTIONS/PRESENTATION:
  A. Medication Disposal.
CONSENT AGENDA:
  A. Approval of Minutes. CITY CLERK
  B. Jay-Boards Concession Contract for City of Muskegon Parks. PUBLIC
     WORKS
  C. Bella Dawg Concession Contract for City of Muskegon Parks. PUBLIC
     WORKS
  D. Beverage Vending Contract for parks/Marina Facilities. PUBLIC WORKS
  E. Environmental Program Terrace Clean-up Contract.       PLANNING &
     ECONOMIC DEVELOPMENT
  F. Approval of Building Contract for 1500 Leahy.        COMMUNITY &
     NEIGHBORHOOD SERVICES
  G. Citizen’s District Council. CITY CLERK
  H. Aggregates, Highway Maintenance Materials, and Concrete. PUBLIC
     WORKS
  I. Grant Application Submittal for Ottawa Street Bridge. PUBLIC WORKS
  J. Approval of the Use & Maintenance of City-Owned Property at 298
     Allen Avenue. PLANNING & ECONOMIC DEVELOPMENT
       K. Dura Patcher. PUBLIC WORKS
       L. Plow Trucks. PUBLIC WORKS
   PUBLIC HEARINGS:
   COMMUNICATIONS:
   CITY MANAGER’S REPORT:
   UNFINISHED BUSINESS:
   NEW BUSINESS:
       A. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish the Following: PUBLIC SAFETY
            1770 6TH Street
            1597 Park Street
            1691 Smith Street (Area 13)
            1170 Allen Avenue (Garage Only)
   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.
                                                                COALITION MEMBERS:
                                                                City of Muskegon Police
                                                                Department
                                                                Lakeshore Health Network

MEDICATION & SHARPS                                             Mercy Health Partners
                                                                Mercy Health Partners’
                                                                Retail Pharmacies


COLLECTION                                                      Muskegon Community
                                                                Health Project
                                                                Muskegon County Public
                                                                Works - HHW Program
                                                                Muskegon County
                           FREE
                                                                :OLYPMM»Z 6MÄJL

                                                                COMMUNITY PARTNERS:
Drop off your unused or expired medications for proper
                                                                CALL 2-1-1
disposal. Properly disposing of your unused medications, both
                                                                City of Muskegon
over-the-counter and prescription, reduces risk of accidental
                                                                Coalition for a Drug Free
poisoning, environmental contamination, and misuse. Be sure     Muskegon County
to mark out patient information prior to drop off.              C.O.R.E.
                                                                Muskegon County
Sharps will be accepted in appropriate containers.              Muskegon Fire Department
                                                                Muskegon Pharmaceutical
                                                                Access Coalition
                                                                Norton Shores Fire
                                                                Department
                                                                Norton Shores Police
                                                                Department
    SATURDAY, APRIL 27, 2013                                    Public Health -
                                                                Muskegon County
        10:00 AM–2:00 PM                                        Senior Resources

    MUSKEGON FIRE STATION                                       BRONZE SPONSOR:
                                                                Osteopathic Foundation
       (CENTRAL STATION)                                        of Michigan

                                                                SILVER SPONSORS:
      770 TERRACE STREET / MUSKEGON, MI 49440
                                                                Meridian Health Plan
                                                                of Michigan
                                                                UnitedHealthcare
                                                                Community Plan


To learn more, visit us at www.mamdp.com or call Carrie
Uthe at 231-672-3882 or Laura Fitzpatrick at 231-672-3201.
A daily medication take-back program is also available, with
locations listed on our website.

Become a fan and join the conversation on Facebook.
DISPOSE OF YOUR                                                           DISPOSE OF YOUR
NON-CONTROLLED                                                            CONTROLLED
UNUSED MEDICATIONS
                                                                          UNUSED MEDICATIONS
 (Includes over-the-counter items, antibiotics and medications
                                                                          (Includes medications for pain, ADHD, anxiety, sleeping and so on)
  for high blood pressure, heart, diabetes, asthma and so on)
                                                                            Dispose of your unwanted or expired controlled medications
         Benson’s Drug SavMor #17*                                            at the following law enforcement agencies, where secure
                                                                           drop-boxes have been installed, during normal business hours:
        961 Spring Street / Muskegon, MI 49442 / 231-722-2861
                                                                                          Fruitport Police Department
                  Shopko Pharmacy                                                  5825 Airline Road / Fruitport, MI 49415 / 231-865-8477
   3165 Holton-Whitehall Road / Whitehall, MI 49461 / 231-894-2635
                                                                                         Montague Police Department
                                                                                  8778 Ferry Street / Montague, MI 49437 / 231-893-0810
                  Watkins Pharmacy
   1391 E. Sherman Boulevard / Muskegon, MI 49444 / 231-739-7158               0XVNHJRQ &RXQW\ 6KHULIIâV 2IðFH 5HFRUGV
                                                                                25 W. Walton Avenue / Muskegon, MI 49440 / 231-724-6351
   MERCY HEALTH PARTNERS’ RETAIL PHARMACIES
                                                                              0XVNHJRQ &RXQW\ 6KHULII 5RDG 3DWURO 2IðFHV
                 Glenside Pharmacy                                                1611 Oak Avenue / Muskegon, MI 49442 / 231-724-6259
  1663 W. Sherman Boulevard / Muskegon, MI 49441 / 231-755-2443
                                                                                  Muskegon Heights Police Department
                                                                                  2715 Baker Street / Muskegon, MI 49444 / 231-733-8900
     Hackley Professional Pharmacy*
  1675 Leahy Street, Suite 111 / Muskegon, MI 49442 / 231-728-5888                       Muskegon Police Department
                                                                                 980 Jefferson Street / Muskegon, MI 49440 / 231-724-6750
           Lakes Campus Pharmacy                                                 Muskegon Township Police Department
  6401 Prairie Street, Suite 1100 / Muskegon, MI 49444 / 231-727-7968            1990 Apple Avenue / Muskegon, MI 49442 / 231-777-1666

   Westshore Professional Pharmacy                                                  North Muskegon Police Department
                                                                             1114 Ruddiman Drive / North Muskegon, MI 49445 / 231-744-4313
1150 E. Sherman Blvd., Suite 1400 / Muskegon, MI 49444 / 231-672-2204

                                                                                      Norton Shores Police Department
                Wolf Lake Pharmacy                                              4814 Henry Street / Norton Shores, MI 49441 / 231-733-2691
      5483 E. Apple Avenue / Muskegon, MI 49442 / 231-788-4087
                                                                                     5RRVHYHOW 3DUN 3ROLFH 'HSDUWPHQW
                                                                                 900 Oak Ridge Road / Muskegon, MI 49441 / 231-755-3721

                                                                                          Whitehall Police Department
  Certain restrictions apply. Ask your pharmacist for more information.           405 E. Colby Street / Whitehall, MI 49461 / 231-894-2317
    *Sharps accepted in appropriate containers at these locations.
                                                                                  Made possible by the Environmental
                                                                                  Endowment Fund of the Community
                             www.mamdp.com                                                                                   www.mamdp.com
                                                                                  Foundation for Muskegon County.
Date:     April 23, 2013
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Cummings, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the April 8th
Commission Worksession Meeting, and the April 9th City Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                       City of Muskegon
                                 City Commission Worksession
                                          April 8, 2013
                                  City Commission Chambers
                                            5:30 PM

                                          MINUTES

2013-28
Present: Commissioners Gawron, Spataro, German, Markowski, Hood, Turnquist, and
Wierengo.
Absent: None.

Endorsement of Farmer’s Market Relocation.
The Downtown Muskegon Development Corporation (DMDC) is requesting an endorsement
from the City Commission to relocate the Farmer’s Market to properties owned by the DMDC in
the vicinity of Morris Avenue, Terrace Street, and Western Avenue.

Steve Olson, committee member of DMDC, presented the latest proposed plans to relocate the
Farmer’s Market to the downtown. Highlights include 166 on-site parking spaces, 340 off-site
parking spaces, water connection for every four to six vendors, commercial kitchen, and part of
the market will be open year-around.

Cindie Larson, Muskegon Area Chamber of Commerce, indicated several public meetings have
been held and citizens had the opportunity to voice their opinions and concerns.

Members of the Public were present and gave input.

This item has been placed on the April 9, 2013 City Commission meeting for consideration.

2013-14 Healthcare & Wellness Program.
It is time to renew the City’s healthcare coverage for 2013-14 plan year (6/1/13-5/31/14).
Renewal premiums for the City’s current healthcare program have come in at a 5.04% increase
over the current year. Last year we experienced a 7.90% increase and in 2011-12 the increase
was 8.83%. In comparative terms, the rate increase is moderate as many employers are
experiencing sharp double-digit rate increases. Also, the City’s healthcare costs remain well
below the “hard cap limits” set by PA 152 and remain cost competitive with the standards set by
EVIP for new hires. These are good independent indicators that the City’s program is cost-
effective.

This item has been placed on the April 9, 2013 City Commission meeting for consideration.

City of Muskegon Vision Statement.
Motion by Commissioner Turnquist, seconded by Vice Mayor Spataro to adopt the revised
Vision Statement as stated below:

    Muskegon, the Premier Shoreline City offering a vibrant, affordable and
    ethnically diverse city where citizens feel safe, enjoy their neighborhoods and
    have access to their city government.
                                                                        ROLL CALL VOTE:

Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron, and Hood.
Nays: None.

                                                                        MOTION PASSES

RFP’s for City Manager Search.
Nine Requests for Proposals were received for the City Manager search. They include Bob
Murray, MML, Voorhies Associates, Slaven Management, Mercer Group, Waters Group,
Anchor, Bassinger, and SGR.

The Commission reviewed each proposal and voiced their likes and dislikes.

This item has been placed on the April 9, 2013 City Commission meeting for consideration.

Any Other Business.
MDNR Resolution to Receive Funding for Emergency Dredging.
Motion by Commissioner Turnquist, seconded by Commissioner Wierengo to adopt the
resolution accepting the terms of the agreement for emergency funding for dredging from
the Michigan Department of Natural Resources.

                                                                        ROLL CALL VOTE:

Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and Spataro.
Nays: None.

                                                                        MOTION PASSES

Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Wierengo to adjourn at 7:04
p.m.

                                                                        MOTION PASSES



                                                          ____________________________
                                                           Ann Marie Cummings, MMC
                                                                City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                         APRIL 9, 2013
    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, April 9, 2013.
Mayor Gawron opened the meeting with a prayer from Mr. George Monroe
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 Sue Wierengo, Byron Turnquist, Lea Markowski, Eric Hood, and
Willie German, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
2013-29 HONORS AND AWARDS:
     A. Mayors Day of Recognition for National Service.
     B. Days of Remembrance of Victims of the Holocaust.
Mayor Gawron read the resolutions in recognition of Mayors Day for National
Service and remembrance of the Holocaust Victims.
2013-30 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the March 26th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. Resolution to Support Bike to Work Week. CITY CLERK
SUMMARY OF REQUEST: To adopt the resolution proclaiming May 13 – 17, 2013
as “Bike to Work Week” and encourage citizens to participate.
FINANCIAL IMPACT: None.


                                      1
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
        C. 2013-14 Healthcare & Wellness Program. FINANCE
SUMMARY OF REQUEST: It is time to renew the City’s healthcare coverage for
2013-14 plan year (6/1/13-5/31/14). Renewal premiums for the City’s current
healthcare program have come in at a 5.04% increase over the current year.
Last year we experienced a 7.90% increase and in 2011-12 the increase was
8.83%. In comparative terms, the rate increase is moderate as many employers
are experiencing sharp double-digit rate increases. Also, the City’s healthcare
costs remain well below the “hard cap limits” set by PA 152 and remain cost
competitive with the standards set by EVIP for new hires. These are good
independent indicators that the City’s program is cost-effective.
For 2012-13, the City will continue to pay the HRA deductible if the employee
and spouse complete the four-step wellness initiative prior to April 30th; non-
participants in the wellness program will continue to pay the first $500
(single)/$1,000 (double/family) of the deductible.
FINANCIAL IMPACT: Following is an estimate of gross premium costs for the
Priority Health HMO program compared with the current healthcare plan year:
                                     2013-14                                          2012-13                .
                        Single       Double            Family        Single          Double       Family
Monthly Premium      $   432.74   $      973.67     $ 1,168.40     $ 411.99        $    926.96 $    1,112.37
Rate Increase              5.04%          5.04%            5.04%        7.90%            7.90%         7.90%
Annual Premium         5,192.88       11,684.04        14,020.80     4,943.88        11,123.52     13,348.44
Current # Employees           28             41              132            35              40           134
Total Annual Premium 145,400.64      479,045.64     1,850,745.60    173,035.80      444,940.80  1,788,690.96
                                   2,475,191.88                                   2,406,667.56
Add: HRA Deductibles Paid by City    160,000.00                                     140,056.47
Less: 10% Employee Premium Copays (247,519.19)                                     (182,471.00)
Equals: Employer Cost             $2,387,672.69                                  $2,364,253.03

                             2013 PA 152 Hard Cap Limits                    PA 152 Hard Cap Limits
                      $ 5,692.50 $ 11,385.00        $ 15,525.00    $ 5,500.00 $ 11,000.00 $ 15,000.00
                       159,390.00    466,785.00     2,049,300.00    192,500.00     440,000.00  2,010,000.00

                                   $2,675,475.00                                 $2,642,500.00

Full-time City employees now pay 10% of the above premium costs through
payroll deduction.
BUDGET ACTION REQUIRED: Employee and retiree healthcare costs will be
included in the forthcoming 2013-14 budget.
STAFF RECOMMENDATION: Authorize staff to execute documents with Priority
Health to renew employee healthcare coverage for the coming year.
    E. 2013 Sodium Hypochlorite Water Treatment Chemical Bid.                                            PUBLIC
WORKS
SUMMARY OF REQUEST:                    Endorse the lowest responsible bid received by the


                                                        2
City of Holland from KA Steel to supply sodium hypochlorite for the purchase of
Sodium Hypochlorite for the Water Filtration Plant.
FINANCIAL IMPACT: Annual cost of $50.216 to purchase 370 tons of Sodium
Hypochlorite based on average annual water pumped to mains.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends endorsing the low bid received
by the City of Holland from KA Steel Chemicals for sodium hypochlorite for one
year.
      F. Request to Accept Prein and Newhof as Dredging Consultant. PUBLIC
         WORKS
SUMMARY OF REQUEST: Authorize staff to hire Prein and Newhof for design and
construction consultation for dredging work to be done at Hartshorn Marina and
Cottage Grove.
FINANCIAL IMPACT: None at this time. Should the City accept this proposal,
amendment to the future CIP budget will require Commission approval.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize staff to hire Prein and Newhof.
      G. Consideration of Bids for Wickham Drive, Sherman to Glen (H-1690).
         ENGINEERING
SUMMARY OF REQUEST: Award the reconstruction of Wickham Dr. from Sherman
to Glen to Brenner Excavating Inc. out of Hopkins since they were the lowest
responsible bidder with a total bid price of $314,721.70.
Furthermore, if approved, authorize staff to amend the 2012/2013 CIP and
increase the budgeted amount to $350,000 for said project (from $300,000 to
$350,000).
FINANCIAL IMPACT: The construction cost of $314,721.70 plus engineering.
BUDGET ACTION REQUIRED: Amend the 2012/13 budget by increasing the
allocated amount by $50,000 in the CIP-for Local Street Fund.
STAFF RECOMMENDATION: Award the contract to Brenner Excavating and
authorize staff to amend the budgeted amount in the 12/13 CIP.
      H. City – MDOT Agreement for the Reconstruction of Sherman Blvd. from
         Estes to Glenside. ENGINEERING
SUMMARY OF REQUEST: Approve the contract with MDOT for the reconstruction
of Sherman Blvd. between Estes and Glenside and approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT’s participation is limited to the approved federal
funds of $301,000. The estimated total construction cost is $1,158,200 plus

                                      3
engineering cost.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the contract and resolution authorizing the
Mayor and Clerk to sign both.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to adopt the
Consent Agenda as read with the exception of item D.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Hood, Spataro, German, and
           Wierengo
            Nays: None
MOTION PASSES
2013-31 ITEM REMOVED FROM THE CONSENT AGENDA:
      D. Environmental Program Mowing and           Trash   Clean-up   Contract.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for mowing of lots and trash clean up of
public and private properties previously held by Earth Creations LLC had expired
on March 31, 2013. A request for bids was advertised and five companies
placed bids. Earth Creations LLC of North Muskegon is the low bidder for a two-
year agreement.
FINANCIAL IMPACT: None, funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve a two-year contract with Earth Creations
LLC and to authorize the Mayor and City Clerk to sign the agreements, for the
mowing of lots and trash removal on properties located within the City.
Motion by Commissioner Markowski, second by Commissioner Wierengo to
approve the two-year contract with Earth Creations LLC.
ROLL VOTE: Ayes: Markowski, Gawron, Hood, Spataro, German, Wierengo, and
           Turnquist
            Nays: None
MOTION PASSES
2013-32 PUBLIC HEARINGS:
      A. Request for an Industrial Facilities Exemption Certificate – Graphics
         House. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Graphics House Sports Promotions, Inc., has requested the issuance of an
Industrial Facilities Tax Exemption Certificate. The company will be investing
$435,000 in personal property.       The investment is expected to create up to

                                       4
three jobs.   This qualifies them for a tax abatement of six years on personal
property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of six years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner German, second by Vice Mayor Spataro to close the
Public Hearing.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, Turnquist, and
           Markowski
              Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the resolution granting an Industrial Facilities Exemption Certificate for a term of
six years for personal property to Graphics House.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, Markowski, and
           Gawron
              Nays: None
MOTION PASSES
2013-33 NEW BUSINESS:
      A. Endorsement of Farmers Market Relocation. CITY MANAGER
SUMMARY OF REQUEST: The Downtown Muskegon Development Corporation
(DMDC) is requesting an endorsement from the City Commission to relocate the
Farmers Market to properties owned by the DMDC in the vicinity of Morris
Avenue, Terrace Street, and Western Avenue.
FINANCIAL IMPACT: The capital cost of the relocation will be funded by the
DMDC.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Turnquist, second by Commissioner Wierengo to
endorse the Farmers Market relocation.
ROLL VOTE: Ayes:    Spataro, Wierengo, Turnquist,     Markowski,    Gawron,    and


                                         5
            Hood
            Nays: German
MOTION PASSES
      B. Set Public Hearing for Amendment to Brownfield Plan – Terrace Point
         Landing, LLC. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an
amendment for the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan Amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Terrace Point Landing,
LLC, which is an approximately 11-acre vacant parcel located at the end of
Terrace Point Drive in Downtown Muskegon.
FINANCIAL IMPACT: There is no direct financial impact in including the project in
the Brownfield Plan, although the redevelopment of the site into a residential
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on April 9, 2013, and approved the Brownfield Plan Amendment, and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission.   In addition, the Brownfield Redevelopment Authority
recommends that the Muskegon City Commission set a public hearing on the
Plan Amendment for May 14, 2013.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to adopt the
resolution setting a public hearing for the amendment to the Brownfield Plan as
described.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
           Spataro
            Nays: None
MOTION PASSES
      C. RFP’s for City Manager Search.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to authorize
City Manager and City Attorney to negotiate an agreement with Waters
Consulting Group and authorize City Clerk and Mayor to sign agreement.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
           German


                                          6
           Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 7:22 p.m.


                                        Respectfully submitted,




                                        Ann Marie Cummings, MMC
                                        City Clerk




                                    7
                            AGENDA ITEM NO._____________

                 CITY COMMISSION MEETING ___________________



TO:           Honorable Mayor and City Commission


FROM:         Department of Public Works


DATE:         April 23, 2013


SUBJECT:      Beverage Vending Contract for Parks/Marina Facilities


SUMMARY OF REQUEST:
Authorize staff to enter into 3-year contractual agreement with Pepsi Beverage Company to
provide vending service throughout City Parks and Marina Facilities.


FINANCIAL IMPACT:
Commission of 20%.


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Approve contract and authorized staff to enter into a 3-year agreement with Pepsi Beverage
Company.


COMMITTEE RECOMMENDATION:
To:     Mohammed Al-Shatel
Date:   4/15/13
From: DPW Staff

RE:     Beverage Vending Contract for Parks/Marina Facilities



On Tuesday, April 9, 2013, no proposals were received at the bid opening time of 2pm for the
request to supply beverage vending at various outdoor Parks and Marina facilities. Proposals
that were solicited at that time are as follows:



Company                        Address                               Commission on Sales

Coca Cola                 1208 Butterworth, Grand Rapids, MI           No bid

Pepsi                    4900 Paul Court, Norton Shores, MI            No bid

                            545 East 32nd Street, Holland, MI
Dr. Pepper/Snapple                                                      No bid

K & S Vending              5080 Ossad, Muskegon, MI                    No bid




Upon calling each vendor after receiving no bids at the time of bid opening all 4 of the
vendors responded as to receiving the bid information. Both Coca-Cola and Dr.
Pepper/Snapple stated they could no longer service the Parks/Marina Facilities. Pepsi
apologized for not submitting a bid and then sent in a late proposal on Thursday April 11,
2013. K& S Vending returned our call but gave no indication for not submitting a bid.

The only proposal that we have received was from Pepsi and they are requesting a 3-year
exclusive beverage vending agreement based upon a vending price of $1.50 and a
commission of 20% on Cash in Bag.

Staff is recommending that we award an exclusive 3-year contract to Pepsi Beverage
Company for the years 2013, 2014, 2015.
           Commission Meeting Date: April 23, 2013

Date:       April 11, 2013
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department
RE:         Environmental Program Terrace Clean-up
            Contract


SUMMARY OF REQUEST:
The contract for terrace clean-up of public and private properties
previously held by Big Sky Field Services, Inc. had expired on March 31,
2013. A request for bids was advertised and six companies placed bids.
Pit Crew of Grant Michigan is the low bidder for a two-year agreement.

FINANCIAL IMPACT:
None - Funds budgeted for this activity.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION:
To approve a 2 year contract with Pit Crew and to authorize the Mayor
and City Clerk to sign the agreements, for the terrace clean-up on
properties located within the city.


COMMITTEE RECOMMENDATION: None
                                                                     Planning Department




Memo
 To:     Honorable Mayor and City Commission
 From:   Hope Mitchell, Code Coordinator
 Date:   April 11, 2013
 Re:     Environmental terrace clean-up contract bids



 Staff requested bids for a possible two year contract with an optional contract extension typically set at
 two years. The bid documents also had an area for submission of a three year bid with an option to
 extend that, which is typically set at two years. This request for bids resulted in six submissions from
 area contractors to perform the services needed and are shown in the tables located later in this
 document.

 Because of the varying prices submitted by the different bidders, staff would like to recommend that a
 two year contract be awarded to Pit Crew with a two year extension possible.

 Awarding contracts as indicated would be accepting the low bidder, Pit Crew.




   Page 1
Two year contract bid tabulations:

Company Name:            Fee to pick up     Fee to pick up ½     Fee to pick up 1-
                         the first ½ ton    to 1 ton             2 tons

Pit Crew                 $20.00             $32.00               $43.00

Big     Sky      Field   $35.00             $45.00               $55.00
Services Inc

Freelance                $60.00             $90.00               $120.00

Preferred Lawn Care      $100.00            $150.00              $200.00

Ground      Control      $120.00            $220.00              $330.00
Property MGMT

Son’s &        Sanford   $150.00            $175.00              $200.00
Hauling



Fee to pick up over 2 tons will be determined on a case by case basis.




  Page 2
                     Commission Meeting Date:                   April 23, 2013

Date:         April 16, 2013

To:           Honorable Mayor & City Commission

From:         Community and Neighborhood Services Department

RE:           Approval of Building Contract for 1500 Leahy
____________________________________________________________________________________________

SUMMARY OF REQUEST: To award the building contract for the rehabilitation of
1500 Leahy to JD Fisher Builders for the City of Muskegon’s Neighborhood
Stabilization Program through CNS.
CNS received 1 bid for the amount of $82,400; the bid has been reviewed by our
spec writer and certified as reasonable “due to the unique characteristics of the
structure”.
FINANCIAL IMPACT: The funding for this project has been secured through the
NSP grant.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To award JD Fisher Builders the rehabilitation
contract for 1500 Leahy for the Community and Neighborhood Services office.
COMMITTEE RECOMMENDATION: None required.
                               AGENDA ITEM NO. __________

                    CITY COMMISSION MEETING ________________


TO:           Honorable Mayor and City Commission
FROM:         Department of Public Works
DATE:         April 23, 2013
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 Sylvax patching material to Asphalt Paving

Award bid for crack sealant to Surface Coatings Co.

Award bid to supply bituminous asphalt product to Asphalt Paving, Inc.

Award bid to supply AE-90 Asphalt Emulsions to Asphalt Materials, Inc.

Award bid to supply screened top soil to Verplank Trucking Company

Award bid to supply 2NS sand to Yellow Rose Transport

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:

$402,107.00 based on quantities requested in bid at 2013 quotes.

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 Through The City Manager
From:          Mohammed Al-Shatel Director of Public Works
Date:          April 23, 2013
Subject:       2013 Aggregates, Highway Maintenance Materials, and Concrete

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


500 ton H1/32FA Limestone Chip Blend ($17.25 in 2012; $8,875.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409             $17.75 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418       $18.95 per ton, delivered


9,000 ton Road Slag 22-A Natural ($12.25 in 2012; $63,250.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409             $12.65 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418       $13.50 per ton, delivered


500 tons Sylvax Patching Materials – UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-6,
or similar product ($110.00 in 2012; $55,000.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190   $110.00 per ton, picked up

50,000 pounds Crack Sealant (block form) ($0.51 in 2012; $24,500.00)

Surface Coatings, Co.                                                    $0.49 per pound, delivered
                            2280 Auburn Rd, Auburn Hills, MI 48326
Lakeshore Parking Lot Maint. 6818 Harvey Rd, Spring Lake, MI 49456       $0.51 per pound, delivered
Sherwin Industries, Inc                                                  $0.56 per pound, delivered
                            2129 West Morgan Ave., Milwaukee, WI 53221

200 ton Bituminous Asphalt 4:12, Base ($63.00 in 2012; $12,600)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190   $63.00 per ton, picked up


1,000 ton Bituminous Asphalt 4:12, Top ($64.00 in 2012; $64,000.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190   $64.00 per ton, picked up

AE-90 Asphalt Emulsions ($0.00 in 2012; $43,000)

Asphalt Materials, Inc.       940 N. Wynn Rd, Oregon, OH 43616           $2.15 per gallon, delivered
Bit-Mat Products              401 Tiernan Rd, Bay City, MI 48706         $2.40 per gallon, delivered
2013 Aggregates, Highway Maintenance Materials, and Concrete
April 23, 2012
Page 2


500 yards Screened Top Soil ($7.00 in 2012; $3,750.00)

Verplank                                                                     $7.50 per cubic yard, delivered
                    P.O. Box 8, Ferrysburg, Muskegon, MI 49409
Accurate Excavators                                                          $9.00 per cubic yard, delivered
                            2821 Central Rd, Muskegon, MI 49445
Yellow Rose Transport                                                        $9.50 per ton, delivered
                            3531 Busch Dr., Grandville, MI 49418




500 ton 2NS Sand ($5.50 in 2012; $3,500.00)

Yellow Rose Transport                 3531 Busch Dr., Grandville, MI 49418          $7.00 per ton, delivered
Verplank Trucking Co.                 PO Box 8, Ferrysburg, MI 49409                $8.45 per ton, delivered


Concrete mix as needed (*7 Sack Mix $80.00 in 2012, $76,532.00)

Port City Redi-Mix                                          $79.00 per cubic yard, 7 Sack Mix, delivered
1780 Sheridan Road, Muskegon, MI 49442

Consumers Concrete                                          $80.00 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) ($0.47 in 2012; $40,800.00)

Great Lakes Chloride                  6001 Marsh Road, Shelbyville, MI 49344        $0.48 per gallon, spread


15,000 gallons Calcium Chloride 32% (winter salting) ($0.41 in 2012; $6,300.00)

Great Lakes Chloride                  6001 Marsh Road, Shelbyville, MI 49344        $0.42 per gallon, storage

LAA (L/Docs/Bids/2013 Agg…Comm Ltr)
Date:         April 23, 2013
To:           Honorable Mayor and City Commissioners
From:         DPW
RE:           Grant Application submittal for Ottawa Street
              Bridge


SUMMARY OF REQUEST:
Authorize HRC (engineering firm) to submit a grant application on behalf of the City
seeking grant funds to rehabilitate/replace the ottawa Street Bridge in 2016.



FINANCIAL IMPACT:
None at this time, however, should the city get the it will be incorporated into future
budget.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
Authorize HRC to submit the application at no cost to the City.

COMMITTEE RECOMMENDATION:
                                 RESOLUTION__________

A resolution in support of the application by the City of Muskegon for Local Bridge Program Funds to
facilitate the rehabilitation of the Ottawa Street Bridge over the South Branch of the Muskegon River.

            •   The Ottawa Street Bridge over the South Branch of the Muskegon River was 
                built in 1929 and has sustained a significant amount of deterioration over the 
                past eighty years.  Recent inspection observations raise concern about the 
                remaining structural integrity of the structure; 
            •   As a result of the deterioration, the Bridge is currently posted with legal load 
                limit restrictions on the bridge.  The Bridge is currently rated as Structurally 
                Deficient with a Sufficiency Rating of 33.6. 
         
        Now, Therefore, 
         
        Be it resolved that the Muskegon City Council, on behalf of its residents and the 
        manufacturing and commercial concerns in the vicinity, does hereby endorse and 
        support the application to secure Local Bridge Program Funds for the replacement of 
        the Ottawa Street Bridge over the South Branch of the Muskegon River.” 

Moved by________________and supported by______________________.

AYES, ______________________________________________________

NAYS,______________________________________________________


Adopted this____________day of____________, 2013.

                                                  BY

                                                   Stephen J. Gawron, Mayor

                                                  ATTEST

                                                       Ann Cummings, City Clerk

                                        CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
____________, 2013. 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
                Commission Meeting Date: April 23, 2013

Date:                April 16, 2013
To:                  Honorable Mayor & City Commission
From:                Planning & Economic Development Department
RE:                  Approval of the Use & Maintenance of City Owned
                     Property at 298 Allen Ave


SUMMARY OF REQUEST:
To approve the use and maintenance of the City owned property located at 298 Allen Ave
for a community garden. The property is buildable and the City would retain the right to sell
the property with the community garden members having time to remove the garden prior to
any sales.

FINANCIAL IMPACT:
The City would save on the cost of maintenance of this property.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and maintenance agreement.

COMMITTEE RECOMMENDATION:
None
                                   Resolution No. _______

                            MUSKEGON CITY COMMISSION


RESOLUTION APPROVING THE USE AND MAINTENANCE OF THE BUILDABLE LOT
           AT 298 ALLEN AVE IN THE ANGELL NEIGHBORHOOD.

WHEREAS, Andy Tibbitts, a citizen of the Angell Neighborhood, be allowed to use and
maintain the parcel designated as parcel number 24-205-210-0010-00, located at 298 Allen Ave;
and

WHEREAS, the City would reserve the right to sell the property and give the members time to
remove the gardens prior to any sales; and

WHEREAS, the maintenance would relieve the City from having to maintain the property and
the maintenance costs while the garden is there; and

NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-210-0010-00, located at
298 Allen Ave be maintained for a community garden by Andy Tibbitts and the members of the
community garden.

               CITY OF MUSKEGON REVISED PLAT 1903 LOT 10 BLK 210



Adopted this _____ day of _____________, 2013

Ayes:

Nays:

Absent
                                                            By: _________________________
                                                                 Stephen Gawron
                                                                 Mayor

                                                         Attest: ________________________
                                                                  AnnCummings, MMC
                                                                  City Clerk
                                       CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on _______________, 2013.

                                                                By: ________________________
                                                                   Ann Cummings, MMC
                                                                    City Clerk
                                                Maintenance Agreement
       This Agreement is made April 23, 2013 (“Effective Date”), by and between the City of
Muskegon (“City”), of 933 Terrace Street, Muskegon, Michigan 49440, and Andy Tibbitts, Muskegon,
Michigan.

                                                             Background

          A. “City” is the owner of the vacant lot located at 298 Allen Ave (“Property”).

        B. The parties wish to enter into an agreement regarding the installation and maintenance of a
flower garden located at the Property.

        C. Individual has agreed to perform the installation and physical maintenance of the garden at
the Property pursuant to the terms set forth in this maintenance agreement.

          Therefore, the parties agree as follows:

         1. General Agreement. Individual agrees, at the sole cost of the Individual, to perform the
installation and physical maintenance of a flower garden at the Property.

        2. Site Design. Individual shall submit a garden design for the Property, and receive design
approval from the City, prior to installation. City agrees not to unreasonably withhold its approval of the
garden design. Any necessary permits or variances (fencing, lighting, electrical, plumbing, etc.) are the
responsibility of the Individual and not the City and must be obtained prior to performing any work.

        3. Maintenance. Individual shall be responsible for the physical installation of the flower
garden and continuing maintenance of the Property, including i) mowing, trimming, fertilizing, weed
control and any other routine maintenance of the grass, trees, shrubs and plantings at the Property, and ii)
trash and litter removal from the Property.

        4. Buildable Lot. City retains the right to sell the property at any time without prior notice to
the Individual. In the event the property is sold, City shall notify the Individual, who shall have 30 days
to remove any plantings and other items installed by the Individual.

        5. Term. This maintenance agreement shall continue in effect until terminated by either party.
Upon termination, Individual waives any claim against City for installation or maintenance of any item on
the Property.

        6. Insurance. Should the Individual place any items (picnic tables, grills, etc.) that are to
remain on the property for an extended period of time, the Individual must purchase liability insurance
and provide proof of the insurance to the City.

         7. Hold Harmless. Individual shall indemnify, defend and save City harmless from and against
any and all claims, actions, damages, liability and expense in connection with the loss of life, personal
injury or damage to property arising from any occurrence in or about the Property or from the occupancy
or use by Individual of the Property or any part thereof or resulting in whole or part from any act or
omission of Individual, its employees, invitees, licensees, contractors or agents. City shall not be liable
for any injury to the person or property of Individual or any other persons on the Property resulting from
the criminal or negligent acts of third persons occurring on or nearby the Property.


                                             [signatures appear on following page]

C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\maintenance agreement.doc
                                                                         Community Garden
                                                                        Angell Neighborhood
                                                                          298 Allen Avenue
                                                                                        Fork
                  16'                  32'                   48'                 64'                                   80'       96'       112'                        128'




                                                                                                                                                            compost pile
                           flat beds                      flat beds

        16'
                           flat beds                      flat beds                                                                                    community 
                                                                                                                                                      bulletin board



                        raised beds     raised beds       raised beds




                                                                                 flat beds



                                                                                               flat beds



                                                                                                           flat beds
Allen




        32'



                                                                                                                                                  pop‐up shed to 
                                                                                                                                                    store tools
                        raised beds     raised beds       raised beds



              `                                       `                      `                                               `         `                 rain barrel
        48'
                           flat beds                      flat beds



                           flat beds                      flat beds




        66'
                                                                                 Emerald

Top of Page