City Commission Minutes 04-28-2009

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                          APRIL 28, 2009
    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, April 28, 2009.
Mayor Warmington opened the meeting with a prayer from Pastor Tim Cross
from the Living Word Church of Muskegon 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,
Commissioners Sue Wierengo, Steve Wisneski, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Ann Marie Becker.
Absent: Commissioner Chris Carter (excused)
2009-37 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the April 13th Commission
Worksession, and the April 14th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
                                                                           PUBLIC
      B. Contractual Agreement – Michigan Department of State.
         SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into an agreement with the Michigan Department of State whereby the
Department of State will allow us to access vehicle files and in turn, provide this
information to Complus Data Innovations, the City’s parking ticket vendor. This
information will then be used by Complus to produce invoices for unpaid
parking violations.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
      C. Request to hold a Catamaran Sailing Event, and Camp Overnight at
         Pere Marquette. LEISURE SERVICES
SUMMARY OF REQUEST: Approval of resolution permitting overnight camping for
the Catamaran Racing Association of Michigan, on August 1, 2009, at Pere
Marquette Park.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution allowing for overnight
camping at Pere Marquette for this event August 1 and August 2, 2009.
      D. Request to Fly the Norwegian Flag. CITY CLERK
SUMMARY OF REQUEST: The Sons of Norway is requesting permission to fly the
Norwegian Flag at City Hall on Friday, May 15th to Monday, May 18th to
celebrate Norway’s Constitution Day.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
      E. Request to Purchase Uniform Pants. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting permission to
purchase a different style of uniform pant from our supplier, Nye Uniform of
Grand Rapids. The current pant (French Blue-Navy Blue stripe) has a list price of
$89.50 per pair. The new pant (Navy Blue-no stripe) has a list price of $44.50 per
pair.
Nye Uniform has agreed to a one-time bulk price of $39.99 to switch to the new
pant. Total cost for the switch (300 pair) is $11,997.
On average we replace 120 pair of pants per year. That replacement cost, with
our current pant, equates to $10,740. Thus, the money is available in the current
budget to make the switch and will result in long-term savings.
FINANCIAL IMPACT: Estimated $1,200 in additional costs for pants this budget
year.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the purchase.
      F. Participation Agreement – Project IGNITE. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety is requesting approval to
enter into an agreement to participate in Project IGNITE. Project IGNITE is a law
enforcement sensitive information sharing project funded with Homeland
Security grant funds. The project encompasses 13 counties that form the
Michigan Homeland Security Region 6 and select cities within those counties.
Project IGNITE offers user agencies access to various records management
systems throughout Region 6 for the purpose of preventing and/or solving crime
and reducing the threat of domestic terrorism.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the agreement.
                                                               COMMUNITY      &
      G. Selection of Additional        Siding   Contractor.
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: Community and Neighborhood Services department
request to add Lewis Johnson Construction of 16076 Bonita Court, Grand Haven,
MI, as one of the City’s contractors for vinyl siding installers.
Lewis Johnson Construction will be installing vinyl siding on CDBG approved
applicants homes for the price of $65 per building square. If the Commission
approves to add Johnson Construction, the total number of contractors working
on the City’s vinyl siding program will be two during the 2008-2009 fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the 2008-2009 CDBG siding
program.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: Both the Commission and the CDC agreed on
the current vinyl siding budget.
      H. Purchase of 1387 7th, 71 E. Grand, 402 Southern, 1464 6th, and 982
         Amity. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of the properties located at
1387 7th, 71 E. Grand, 402 Southern, 1464 6th and 982 Amity. The purchase price
for the properties is the following:
               1387 7th -- $17,500
               71 E. Grand -- $4,950
               402 Southern -- $4,500
               1464 6th -- $7,500
               982 Amity -- $14,400
All of the acquisition properties will be part of the City’s Neighborhood
Stabilization program which will consist of three components which include
demolition, total rehabilitation and new construction.
FINANCIAL IMPACT: Funding for purchases will come from the City’s $1,400,000
Neighborhood Stabilization Grant from the U.S. Department of Housing and
Urban Development and being administered through the Michigan State
Housing Development Authority.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
                                                                     PLANNING &
      I. Resolution Approving DELEG         Grant   Application.
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the request to submit the grant application
to the Michigan Department of Energy, Labor and Economic Growth (DELEG)
for their Michigan Energy Efficiency Grant. The City will be asking for $310,000 in
funding for a new Heating, Ventilating and Air Conditioning system (HVAC) and
for training local students how to install these systems. The grant application will
state that the City is willing to provide up to $10,000 in matching funds if
necessary.
FINANCIAL IMPACT: The estimate from Trane, Inc. suggests that the City will save
over $43,000 in energy costs per year with the new system.
BUDGET ACTION REQUIRED: $10,000 in matching funds, if required so by DELEG.
There is no match required; however, matching funds will strengthen the
chances of the grant being approved.
STAFF RECOMMENDATION: To approve the request and sign the resolution.
      J. Consideration of Bids for H-1652 Home Street, Apple to just north of
         Creek. ENGINEERING
SUMMARY OF REQUEST: Award of the Home Street reconstruction project to
McCormick Sand, Inc. out of Twin Lake, MI since they were the lowest
responsible bidder with a total bid price of $90,828.
FINANCIAL IMPACT: The construction cost of $90,828 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to McCormick Sand, Inc.
      K. Consideration of Bids for H-1647 Jefferson Street, Fourth to Strong.
         ENGINEERING
SUMMARY OF REQUEST: Award the Jefferson Street reconstruction project to
McCormick Sand out of Twin Lake, MI since they were the lowest responsible
bidder with a total bid price of $119,467.20.
While Brenner appears to be the lowest bidder, the fact is that they submitted
the bid on the wrong proposal which is a clear violation to the pre-bid minutes.
FINANCIAL IMPACT: The construction cost of $119,467.20 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to McCormick Sand, Inc.
      L. Consideration of Bids for Sixth Street, Mason to Strong S-643.
         ENGINEERING
SUMMARY OF REQUEST: Award the Sixth Street sewer and street improvements
between Mason and Strong to Brenner Excavating out of Hopkins since they
were the lowest responsible bidder with a total bid price of $69,929.70.
FINANCIAL IMPACT: The construction cost of $69,929.70 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Brenner Excavating.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to accept
the Consent Agenda as presented.
ROLL VOTE: Ayes: Wierengo, Wisneski, Gawron, Shepherd, Spataro, Warmington
            Nays: None
MOTION PASSES
2009-38 UNFINISHED BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish 1850 Park. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 1850
Park is unsafe, substandard, a public nuisance and that it be demolished within
30 days. It is further requested that administration be directed to obtain bids for
the demolition of the structure and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: General.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:          To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 1850 Park.
ROLL VOTE: Ayes: Wisneski, Gawron, Shepherd, Spataro, Warmington, Wierengo
           Nays: None
MOTION PASSES
2009-39 NEW BUSINESS:
     A. Collective Bargaining Agreement with Service Employees International
        Union (SEIU) Local 517M (Clerical Union) for Years 2009 – 2011. CITY
        MANAGER
SUMMARY OF REQUEST: To approve the tentative agreements with SEIU Local
517M for years 2009-2011.
FINANCIAL IMPACT: Information provided separately.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the tentative agreements and authorize
the Mayor and Clerk to execute the agreement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the collective bargaining agreement with the Service Employees International
Union Local 517M (Clerical Union) for the years 2009-2011.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski
           Nays: None
MOTION PASSES
     B. Gypsy Moth Spraying. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to participate in the County’s gypsy
moth spraying program scheduled for 2009. The City has two sections where
spraying is necessary for a total acreage of 466 at an anticipated cost of
$15,132 toward the actual spraying plus some additional cost for the
mailing/advertisement that needs to be done before the actual spraying.
FINANCIAL IMPACT: Less than $16,000 total.
BUDGET ACTION REQUIRED: The 2009 budget will need to be amended to cover
this unbudgeted amount. If approved, the amendment will be reflected in the
second quarter budget reforecast later this year.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
Muskegon County to participate in the program.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to enter into
an agreement with Muskegon County to participate in the gypsy moth spraying
program.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski
           Nays: None
MOTION PASSES
     C. Downtown Development Authority On-Premise Liquor License for Pi-Bar,
        LLC. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution approving a Downtown
Development Authority On-Premise Liquor License for Pi-Bar, LLC. The Liquor
Control Code allows for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
FINANCIAL IMPACT: Approval of the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the Downtown Development Authority On-Premise Liquor License for Pi-
Bar, LLC.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Gawron
           Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Comments were made.
ADJOURNMENT: The City Commission Meeting adjourned at 6:07 p.m.


                                        Respectfully submitted,




                                        Ann Marie Becker, MMC
                                        City Clerk

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