City Commission Minutes 05-12-2009

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       CITY OF MUSKEGON
         CITY COMMISSION MEETING
                             MAY 12, 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, May 12, 2009.
    Mayor Warmington opened the meeting with a prayer from Public Works Director
Robert Kuhn 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 Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierengo, and
Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Becker.
2009-41 HONORS AND AWARDS:
      A. Darl Staley.
Mayor Warmington introduced Glen, Peg and Bonnie Jorgenson (Darl’s family); and
our firefighters Pete Hughes and Mark Kincaid. He then read the resolution
commemorating the life and giving of Darl Staley, who was a firefighter for the City
for 29 years. The resolution will be displayed in the new Central Fire Station.
2009-42 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, April 28th.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
                                                                       PLANNING &
      B. Revocation of a Neighborhood Enterprise Zone Certificate.
         ECONOMIC DEVELOPMENT
Removed per staff request.
                                                        PLANNING & ECONOMIC
      C. Granting of Easement to Pro Fab, Inc.
         DEVELOPMENT
SUMMARY OF REQUEST: To grant an easement across the City-owned property
located at 1690 Creston to Pro Fab, Inc., 1608 Creston Avenue. The easement will be
used as a driveway for trucks to access the loading dock area at the side of their
building. The only other access they have is through their parking lot. Although Pro
Fab, Inc. is in Muskegon Township, by granting this easement, Pro Fab, Inc. will be
able to expand on their building and provide for more jobs.
FINANCIAL IMPACT: Pro Fab, Inc. has agreed to pay a one-time amount of $500 for
this easement.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To grant the easement to Pro Fab, Inc. and have the
Mayor and Clerk sign the agreement.
      D. Concession Contract for Pere Marquette Park. PUBLIC WORKS
SUMMARY OF REQUEST: Permission to enter into a one-year contractual agreement
with Ken Huston of Amazing Gift Direct, LLC for operating a concession (The Island
Concession) at P.M. Park.
FINANCIAL IMPACT: Contract revenue is unknown at this time. Approximately $325-
$1,200 per year in revenue was received from previous vendor (Dan Etterman of
Sandy Bottoms Concession) during the 2003-2008 contracts.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve request.
COMMITTEE RECOMMENDATION: The Leisure Services Board has been notified of
intended contractual agreement.
      E. Consideration of Bids for Watermain Replacement on Barclay, Larch to
         Ireland (W-710). ENGINEERING
SUMMARY OF REQUEST: Award the watermain replacement project on Barclay from
Larch to Ireland (W-710) to Thompson Brothers, Inc. out of Twin Lake, MI since they
were the lowest responsible bidder with a total bid price of $105,584.25.
FINANCIAL IMPACT: The construction cost of $105,584.25 plus engineering cost which
is estimated at an additional 15%.
BUDGET ACTION REQUIRED: This project was budgeted at $85,000 thus the budget
will have to be revised in the second quarter reforecast to address the $35,000
shortfall between cost and budgeted numbers.
STAFF RECOMMENDATION: Award the contract to Thompson Brothers, Inc.
      F. Evergreen Cemetery Irrigation Well Bids. CEMETERY/FORESTRY
SUMMARY OF REQUEST: Authorize staff to accept the alternate bid from Brass-Mar
Water Wells. Their alternate bid of $23,402 is for the same size well (eight inch casing),
but with a smaller pump motor, 15hp instead of the 25hp. The 15hp motor will
adequately irrigate Evergreen Cemetery. The only additional cost will be to upgrade
the electric service at Evergreen Cemetery from a 100 amp service to a 200 amp
service to accommodate the new well pump for an estimated cost of $2,000.
FINANCIAL IMPACT: Less than $27,000 total.
BUDGET ACTION REQUIRED: This project is on the 2009 Capital Improvement Budget
for $30,000.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Brass-Mar
Water Wells to drill well and install and connect with the present irrigation system.
      G. Budgeted GPS Purchase. PUBLIC WORKS
SUMMARY OF REQUEST:       Approval to purchase 11 GPS receivers from Advanced
Tracking Technologies.
FINANCIAL IMPACT: Cost $9,558.45.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:        Approve purchase of GPS receivers from Advanced
Tracking Technologies.
      H. Budgeted Vehicle Purchase. PUBLIC WORKS
SUMMARY OF REQUEST:         Authorize staff to purchase two Ford Rangers from
Vanderhyde Ford.
FINANCIAL IMPACT: Cost $23,594.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to purchase the two trucks.
      I. Request to Purchase Fire Engine. PUBLIC SAFETY
SUMMARY OF REQUEST: Fire Department staff solicited bids for the procurement of a
fire engine. The engine would be a standard front-line engine which would replace
our current Engine 25. The low bid, which meets all stated specifications, was
submitted by Crimson Fire, 907 7th Avenue, Brandon, South Dakota. Crimson is a
subsidiary of Spartan Motors of Charlotte, Michigan. The bid price submitted by
Crimson is $507,963. This price is over the budget allotted for this purchase.
FINANCIAL IMPACT: Funds for this purchase would be drawn from the City’s Public
Improvement Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Reject the bid because it is over budget, but allow Fire
Department staff to enter into negotiations with Crimson Fire to purchase a fire
engine that would meet budget guidelines.
      J. Interlocal Agreement – Justice Assistance Grant. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the Commission
authorize the Director and the City Manager to enter into an agreement with the
following municipalities and the County of Muskegon in regards to the disbursement
of the 2009 Justice Assistance Grant. The municipalities include the Village of
Fruitport, the City of Muskegon Heights, the City of Norton Shores and Muskegon
Charter Township. The money in this grant will be shared by these entities. The funds
allocated to our City will be used to pay for the following for the next two years:
   •   Reinstatement of the summer programs at Sheldon and McCrea Parks
   •   Development of an evening recreation program aimed at teens
   •   Development of a police cadet program
   •   Lease payments on narcotics vehicles
Total award amount to the City is $174,535.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and
           Carter
            Nays: None
MOTION PASSES
2009-43 NEW BUSINESS:
       A. Gaming License Request.
SUMMARY OF REQUEST: The Muskegon Junior Sailing Association 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.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Carter to approve the
gaming license request.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, and
           Gawron
            Nays: None
MOTION PASSES
       B. 2009 Assistance to Firefighters Grant. PUBLIC SAFETY
SUMMARY OF REQUEST: The Deputy Director of Public Safety for Fire Services requests
that the Commission authorize the submission of this grant request. The request is for
three pieces of equipment and is described as follows:
   •   A diesel exhaust system for Station 5 on Marquette. Such a system removes
       diesel fumes as the apparatus enters/leaves the station. This station has never
       had such a system. Cost: $55,000.
   •   A diesel exhaust system for Station 4 on Lakeshore Drive. A system was installed
       at the time this station was constructed but is no longer operable. Cost:
       $31,000.
   •   An emergency generator for Station 5. The current generator does not
       adequately power this station. Cost: $20,000.
Total cost for these three items is $106,000. The grant requires a 10% match equaling
$10,600.
FINANCIAL IMPACT: The match money is available in the Public Improvement Fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the grant
submission.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and
           Shepherd
             Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 5:49 p.m.


                                            Respectfully submitted,




                                            Ann Marie Becker, MMC
                                            City Clerk

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