City Commission Minutes 05-27-2014

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          MAY 27, 2014
    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, May 27, 2014.
Mayor Gawron opened the meeting with a prayer from Rev. Bill Freeman from
the Harbor Unitarian Universalist Congregation 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 Willie German, Dan Rinsema-Sybenga, Byron Turnquist, and Eric
Hood, City Manager Franklin Peterson, City Attorney John Schrier, and City Clerk
Ann Marie Cummings.
Absent: Commissioner Ken Johnson (excused)
2014-39 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the May 12th Commission
Worksession Meeting, and the May 13th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      C. Contract for    Mowing     Services.     PLANNING     &    ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: To approve a two-year contract with the Sheldon Park
Neighborhood Improvement Association for the maintenance of two City-
owned lots in the Sheldon Park neighborhood.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:          Authorize execution of the contract.         The


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responsibility for cleaning and mowing these lots would belong to the
Association rather than the City and would extend through 2015. The City’s
estimated cost of $1,000 to maintain the lots over this period would then be
donated to the Association. The neighborhood has maintained the lots for
several years under similar agreements and has done a great job.
      G. 2014-2015 Michigan Municipal League Membership Dues. CITY CLERK
SUMMARY OF REQUEST: Approval to pay the 2014-2015 MML dues in the amount
of $9,495. This is an increase of $149.
FINANCIAL IMPACT:    MML Dues                 $8,632
                     Legal Defense Fund       $ 863
                     Total:                   $9,495
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
      H. Approval of Building Contract for 2355 Lincoln.        COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To award the Building Contract for the construction of a
new home located at 2355 Lincoln to JD Fisher Builders, in the amount of
$138,270, with an additional $3,700 for bedroom/bathroom construction in the
basement, for the City of Muskegon’s Homebuyers Program through CNS.
CNS received five bids and the cost estimate from our spec writer was $142,300
base bid with an additional $7,200 for bedroom/bathroom construction in
basement.
FINANCIAL IMPACT: The funding for this project has been secured through the
HOME program 2013 grant allocation.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To award JD Fisher Builders the contract for the
construction of 2355 Lincoln, in the amount of $138,270 (with additional $3,700)
for the Community & Neighborhood Services Department.
Motion by Vice Mayor Spataro, second by Commissioner German to accept the
Consent Agenda as read with the exception of items B, D, E, and F.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Gawron, Hood, and
           Spataro
            Nays: None
MOTION PASSES
2014-40 ITEMS REMOVED FROM THE CONSENT AGENDA:
      B. 2014-2017 Water Treatment Chemical Bids. PUBLIC WORKS
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidder


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to supply Aluminum Sulfate and Hydrofluorisilicic Acid to the water filtration
plant.
FINANCIAL IMPACT: Annual cost of $91,875 for Aluminum Sulfate and $31,430 for
Hydrofluosilicic Acid. (Based on average annual water pumped to mains).
BUDGET ACTION REQUIRED:        None, these treatment chemicals have been
budgeted.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the low bids received and enter into a three-year contract with
USALCO as the supplier of Aluminum Sulfate and Key Chemical as the supplier of
Hydrofluorisilicic Acid.
Motion by Commissioner German, second by Vice Mayor Spataro to endorse
the low bids and enter into a three-year contract with USALCO as the supplier of
Aluminum Sulfate and Key Chemical as the supplier of Hydrofluorisilicic Acid.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Gawron, Hood, Spataro, and
           German
            Nays: None
MOTION PASSES
      D. Scott and Joes World Dogs Concession Contract for City of Muskegon
         Parks. PUBLIC WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement with Joe Ives of “Scott and Joes World Dogs” at Pere
Marquette Park, located within the City of Muskegon, to sell hot dogs and other
snacks/drinks from a mobile self-contained food trailer.
FINANCIAL IMPACT: Concession revenue is 10% of gross receipts.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW staff to enter into concession
agreement with Joe Ives of Scott and Joes World Dogs.
Motion by Commissioner Turnquist, second by Commissioner German to
authorize DPW staff to enter into a concession agreement with Joe Ives of Scott
and Joes World Dogs.
ROLL VOTE: Ayes: Turnquist, Gawron, Hood, Spataro, German, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
      E. Concession Contract for City of Muskegon Parks. PUBLIC WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement with David Porter at Pere Marquette Park, located


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within the City of Muskegon, to sell various food items out of a vehicle on
stationary tables and coolers.
FINANCIAL IMPACT: Concession revenue is 10% of gross receipts.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize DPW staff to enter into concession
agreement with David Porter.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga
to authorize DPW staff to enter into a concession agreement with David Porter.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
      F. Operations Management Contract:  Farmers’ Market Commercial
         Kitchen. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The new Farmers’ Market downtown includes a
Commercial Kitchen. The intended use of the kitchen is for incubator space, as
well as classroom/education. The ultimate goal is to have the Kitchen used
24/7. In order to market the facility, as well as manage the usage, collect rent,
etc., a Kitchen Manager is needed. Proposals were requested for this and
Pioneer Resources was the only proposal received. The City has negotiated with
Pioneer Resources for their management services, with the resulting Contract. It
is difficult to know exact costs and services needed at this point, since it is new
for all of us. Therefore, the Contract term is only six months to start. It is
anticipated that both the City and the Manager will have a better
understanding of operations and costs at the end of the six month term.
Meanwhile, we are confident that Pioneer is the best company to manage the
Kitchen, as they have experience with food service and operations and
management.
FINANCIAL IMPACT: Per the terms of the Contract, the Manager shall provide
the staffing, management and operations of the facility. The City shall pay for
the utility costs. The Manager shall track revenue and expenses and turn over
any net proceeds to the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Contract and authorize the Mayor
and Clerk’s signatures.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro to
approve the operations management contract for the Farmers’ Market
commercial kitchen with Pioneer Resources and authorize the Mayor and
Clerk’s signatures.


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ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
2014-41 PUBLIC HEARINGS:
      A. Request for the Establishment of an Industrial Development District at
          2306, 2320, and 2350 S. Getty Street. PLANNING & ECONOMIC
          DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Port
City Architectural Signage has requested to establish an Industrial Development
District at 2306, 2320 and 2350 S. Getty Street. The company owns buildings at
all three sites and will eventually be making improvements to real and personal
property. The establishment of the district will allow the company to become
eligible for Industrial Facilities Tax Abatements (IFT’s).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        Approval of the establishment of the Industrial
Development District.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Vice Mayor Spataro, second by Commissioner Hood to close the
Public Hearing and approve the establishment of the Industrial Development
District for the properties described.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist, and
           Gawron
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 5:58 p.m.


                                          Respectfully submitted,




                                          Ann Marie Cummings, MMC
                                          City Clerk


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