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CITY OF MUSKEGON
CITY COMMISSION MEETING
MARCH 26, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. 2013 Dozer Rental for Beach Leveling at PM Park. PUBLIC WORKS
C. One Year Janitorial Services Extension, Optional Year through April 30,
2014. ENGINEERING
D. City – MDOT Agreement for the Reconstruction of: Laketon Avenue
from Wood to Getty. ENGINEERING
E. Liquor License Request – Pigeon Hill Brewing Company, LLC, 500 W.
Western. CITY CLERK
F. Amendment to the Zoning Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
G. Detective Vehicles. PUBLIC WORKS
H. Acceptance of Viridian’s and Terrace Point’s Extensions into the City’s
Street System. ENGINEERING
I. Permission to Donate a Retired Police Cruiser to Muskegon Area Career
Tech Center (MACTC). PUBLIC WORKS
J. Grand Trunk Launch Ramp Dredging. CITY MANAGER
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Approval of Sale of City-Owned Home at 134 E. Isabella. COMMUNITY
& NEIGHBORHOOD SERVICES
B. Approval of Sale of City-Owned Home at 605 Jackson. COMMUNITY &
NEIGHBORHOOD SERVICES
C. Amendment to the Renaissance Zone Development Agreement for
Highpoint Flats. PLANNING & ECONOMIC DEVELOPMENT
D. Permanent Traffic Control Orders. PUBLIC WORKS
E. S.S. Milwaukee Clipper – Letter of Support. PLANNING & ECONOMIC
DEVELOPMENT
F. Proclamation – School Spirit. CITY CLERK
G. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
390 Catherine (Area 11)
1200 Ambrosia (Area 11)
1284 Pine (Area 11)
1458 Jiroch (Area 13)
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.
Date: March 26, 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 March 11th
Commission Worksession Meeting, and the March 12th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
March 11, 2013
City Commission Chambers
5:30 PM
MINUTES
2013-19
Present: Commissioners Gawron, Spataro, German, Markowski, Hood, Turnquist, and
Wierengo.
Absent: None.
Signal Warrants Study.
Mohammed Al-Shatel, City Engineer, presented the results of the traffic signals warrants’ study
from URS. The sight distance at each intersection has been reviewed for all signals. In locations
with sight distance restrictions, documentation has been made regarding the necessary changes
needed if the signal were to be removed. Some of the conditional recommendations require
some on-street parking be removed.
The City Commission agreed that five signals be removed. The approximate cost for removal is
$2,000 each. The annual cost for maintenance of each signal is around $2,000.
The following areas are being recommended:
Muskegon Avenue/7th Street
Muskegon Avenue/Jefferson Street
Muskegon Avenue/Pine Street
Muskegon Avenue/Spring Street
Webster Avenue/7th Street
By consensus, the City Commission removed the staff recommendation to remove the traffic
signal at Irwin Avenue/Wood Street.
Staff will bring Traffic Control Orders for the five areas to a Commission Meeting for
consideration by the City Commission.
CJ’s on the Beach.
The City now has possession of the building/former restaurant at Pere Marquette. The
Commission needs to decide what to do with the building.
The City Manager has received ten inquiries on the property at this time.
Some Commissioners recommended an inspection of the property before a determination is
made. Staff suggested that an inspection wait until after RFP’s are received stating the proposed
use of the building is a determinant of the inspection.
Mayor Gawron suggested putting out a Request for Proposals out to see the interest.
An RFP will be prepared by staff asap.
City of Muskegon Vision Statement.
Under the direction of Mayor Gawron, Commissioners Turnquist and Spataro were appointed to
review the City’s Vision, Value, and Mission Statements.
Each statement was evaluated and it was decided that the Value Statement and Mission
Statement represent the City’s current values and goals.
It was decided that while the Vision Statement, “Muskegon, the Premier Shoreline City of West
Michigan” be changed to the following:
The premier, vibrant, affordable, and ethnically diverse Shoreline City where
citizens feel safe, enjoy their neighborhoods, and access their city government.
Some Commissioners stated their desire to shorten the statement and will bring ideas to the next
Worksession Meeting.
Senior Transit.
Two companies responded to the RFP for a qualified public, private or not-for-profit agency to
provide door-to-door weekday transportation services for senior citizen residents of the City.
They are MATS and Wakefield Leasing Corporation.
The committee recommended paying $40,000 for a one year contract with Wakefield Leasing
Corp. Clients would be charged $3.50 one-way per ride. This would allow for up to 8,000 rides
per year within the area of the all of the City of Muskegon, out to Seminole, East Apple to
Sheridan, East Sherman to Wal-Mart.
Wakefield Leasing would monitor the number of rides.
Any Other Business.
Public comments were accepted.
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
MARCH 12, 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, March 12, 2013.
Mayor Gawron opened the meeting with a prayer from Reverend 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 Byron Turnquist, Lea Markowski, Willie German, and Sue
Wierengo, City Manager Bryon Mazade, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
Absent: Commissioner Eric Hood (excused).
2013-20 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the February 26th City
Commission Meeting and the February 28th Special City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Special Event Request – Muskegon Bike Time 2013. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Family Events has filed a special event application for
the annual Bike Time festival in downtown Muskegon to be held on July 18, 19,
20, and 21, 2013. Portions of their request require City Commission approval,
including some items that are new for 2013, and some that are the same as in
past years. They are requesting waiver of equipment rental fees, use of Bike
Time’s own labor pool when possible, extended beer tent hours, and variation
from street closure times allowed per the special event policy.
1
FINANCIAL IMPACT: Request that equipment rental fees be waived.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: As in past years, it is recommended that staff be
allowed to make the final decision regarding rental fees and actual costs to be
coordinated through the City Manager. In addition, staff recommends that if
Bike Time picks up items such as picnic tables, bleachers, and trash cans for
distribution at the proper locations, there will be no equipment rental charge to
Bike Time. This must first be approved by and coordinated through City staff. It is
also recommended that City staff review staffing levels for City personnel with
the Bike Time staff, with the City making the final decision on the number of City
staff needed for the event.
Regarding street closures, staff recommends approval with the condition that
Bike Time notify affected downtown businesses of the dates and times of street
closures and the date and time that No Parking restrictions go into effect on
those streets.
C. Implementation of Police Command Contract Retirement Changes.
FINANCE
SUMMARY OF REQUEST: The City Commission recently approved the 2013-14
contract settlement with the Police Command Unit. To fully implement the
retirement provisions of this contract there are some additional steps required by
MERS:
1. Step One: Close the Police Command Unit’s defined benefit (DB) pension
plan to new members. MERS allows each employee division to have only
one open retirement plan. All new hires into the City are covered by a
defined contribution (DC) plan so, over time, the DC plan will become the
Command Unit’s dominant retirement plan that will be open.
2. Step Two: Adopt the Employer Resolution Establishing Uniform Transfer
Provision. This will allow promoting patrol officers who currently have a DB
pension benefit to go into the Command Unit’s DB plan even though it is
“closed”. Note: this resolution will also apply to other situations in the City
where an employee may go from one unit to another. For example, in
the past we have had Clerical Unit employees become police officers or
non-union employees. This is not common, but does occur.
3. Step Three: Adopt the MERS Restated Uniform Defined Contribution
Program Resolution and MERS Restated Defined Contribution Plan
Adoption Agreement that provide for a new defined contribution (DC)
retirement plan for the Police Command unit. This new plan has the same
benefit levels as the current Police Patrol DC plan (6% employee
contribution; 10% employer contribution). Promoting patrol members who
2
currently have a DC retirement benefit will go into this new plan.
The net result of these changes will be to provide the mechanisms needed to
implement contract language that provides: “Effective January 1, 2013, all
Patrol Unit members entering the Command Unit shall keep their pension and
retirement packages from the Patrol Unit.”
FINANCIAL IMPACT: No new financial impact on the City.
BUDGET ACTION REQUIRED: None at this time. Future budgets will reflect the
changes made here.
STAFF RECOMMENDATION: Approval of the steps outlined above and
authorization for staff to execute documents needed to make this change.
D. Water Filtration Plant Sodium Hypochlorite Feed Pump Replacement.
PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase two 520US Watson-Marlow
Hose pumps from the sole source bidder Mattoon-Lee for a sum of $10,880.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to purchase two 520US Watson-
Marlow Hose pumps from the sole source bidder Mattoon-Lee for a sum of
$10,880.
E. Consideration of Bids for Sanitary Sewer Lining (S-663). ENGINEERING
SUMMARY OF REQUEST: Award the City’s portion of the County’s bid to Layne
Inliner, LLC out of Hilliard, OH for $19,206 as per the Engineer’s recommendation
for award. The City’s portion consists of lining 360’ of 12” clay pipe in the alley
south of Hackley between Beidler and Edgebrook.
FINANCIAL IMPACT: The construction cost of $19,206 plus engineering.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the lining of the 12” sanitary sewer line to
Layne Inliner, LLC out of Hilliard, OH.
F. Lynx Network – Request for Permit under METRO Act. ENGINEERING
SUMMARY OF REQUEST: Approve the request for a permit from the LYNX Group
and authorize the Mayor to sign the unilateral permit form.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request for a permit to install fiber
optics in the City’s right of way along Laketon Avenue from Getty to Creston.
3
G. Water Treatment Plant Sluice Gates Repair. WATER FILTRATION
SUMMARY OF REQUEST: Authorize staff to enter into a contract with Northwest
Kent Mechanical Co. to repair two clearwell sluice gates for a cost of $9,400.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To contract with the lowest responsible bidder,
Northwest Kent Mechanical Co. at a cost of $9,400, for repair of the Water
Treatment Plant clearwell sluice gates.
H. State of Michigan Public Act 399 Reliability Study. WATER FILTRATION
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with FTC&H
for the purpose of completing a Reliability Study of the Water Filtration Plant for
a cost of $37,562.
FINANCIAL IMPACT: $37,562.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with
FTC&H, the lowest responsible bidder for a Water Plant Reliability Study for a cost
of $37,562.
I. Appointments to Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To approve the appointment of Nick Archer, William
Muhammad, and Irene Navarro to the Citizen’s Police Review Board; Matthew
Tighe to the Construction Code Board of Appeals; and Steve Warmington, Sr. to
the Zoning Board of Appeals.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the appointments.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the appointments at their March 11th meeting.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to adopt the
Consent Agenda as read.
ROLL VOTE: Ayes: Markowski, Gawron, Spataro, German, Wierengo, Turnquist
Nays: None
MOTION PASSES
2013-21 PUBLIC HEARINGS:
A. Recommendation for Annual Renewal of Liquor Licenses. CITY CLERK
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal
4
of those liquor license establishments who are in violation of Section 50-146 and
50-147 of the Code of Ordinances for the City of Muskegon. These
establishments have been found to be in non-compliance with the City Code of
Ordinances and renewal of their liquor licenses should not be recommended by
the City Commission. If any of these establishments come into compliance by
March 22, 2013, they will be removed from this resolution, and recommendation
for their renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the resolution.
The Public Hearing opened to hear and consider any comments from the
public. Comments were heard from Joshua Eldenbrady, 1336 Spring, and Cindy
Pizunski, owner of Tipsy Toad.
Motion by Commissioner Turnquist, second by Commissioner German to close
the Public Hearing.
ROLL VOTE: Ayes: Gawron, Spataro, German, Wierengo, Turnquist, Markowski
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to adopt the
resolution with the exception of Express Lane, The Old Clover Bar and Tipsy Toad.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron
Nays: None
MOTION PASSES
2013-22 NEW BUSINESS:
A. Special Event Request – Lakeshore Art Festival. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Muskegon Lakeshore Chamber of Commerce has
filed a special event application for the Lakeshore Art Festival to be held in
downtown Muskegon on July 5 and 6, 2013. A new group has taken over the
event, and this is their first year. They are requesting to partner with the City and
have the City sponsor a portion of the event. This would involve the waiver of
City costs associated with Public Works labor and equipment rental charges, as
well as costs for police services.
FINANCIAL IMPACT: Estimated police costs are $840; estimated DPW costs will
be provided.
BUDGET ACTION REQUIRED: None.
5
STAFF RECOMMENDATION: Staff recommends if the applicant organization picks
up items such as picnic tables, barricades, and trash cans for distribution at the
proper locations, the City will waive the equipment rental charges. This must be
coordinated with City staff. The City generally does not waive charges for
police officers at events.
Motion by Vice Mayor Spataro, second by Commissioner Markowski to use the
same fee schedule for Lakeshore Art Festival that we use for Bike Time.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron
Nays: None
MOTION PASSES
B. Grant Application for Sanitary Sewer Evaluation. ENGINEERING
SUMMARY OF REQUEST: Authorize Fleis & Vandenbrink (F & V) to submit S2
Planning Grant Application to the Michigan Department of Environmental
Quality soliciting funds to perform studies on the City’s sanitary sewer collection
system in two areas within the City, Clay Hill and Oak Grove. The studies will be
performed to evaluate any I/Is (inflow and infiltration) with the aforementioned
areas.
Should F & V be successful in securing the grant, they would expect to be hired
to perform the studies at a cost of $465,000. 90% of the engineering cost is
covered by the grant and the City’s share would be $46,500.
It is important to realize that should we proceed with the application and we
get the grant that we will be obligated to implement the recommendation
within three years and failure to do so will result in the City having to reimburse
the state any grant funds spent.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Authorize F & V to submit the grant application on
behalf of the City.
Motion by Commissioner Turnquist, second by Commissioner German to
authorize F & V to submit the grant application on behalf of the City.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Spataro
Nays: None
MOTION PASSES
C. Senior Transit.
Motion by Commissioner Markowski, second by Commissioner Turnquist to
request City staff to initiate a contract up to $40,000 with Wakefield Leasing to
provide Senior Transit services to the residents of the City of Muskegon for a
6
date not to extend further than June 30, 2014.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Spataro, German
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Vice Mayor Spataro commented on the proposed
relocation of the Farmer’s Market.
PUBLIC PARTICIPATION: Public comments were received.
2013-23 CLOSED SESSION: To discuss Pending Litigation.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to go into
Closed Session.
ROLL VOTE: Ayes: Turnquist, Markowski, Gawron, Spataro, German, Wierengo
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner German to go into
Open Session.
ROLL VOTE: Ayes: Gawron, Spataro, German, Wierengo, Turnquist, Markowski
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:09 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
7
Date: March 26, 2013
To: Honorable Mayor and City Commissioners
From: Engineering
RE: One Year Janitorial Services Extension, Optional Year
through 4/30/2014
SUMMARY OF REQUEST:
Extend the current janitorial services contract with Reliant Professional Cleaning for one
more year which was allowed for as an optional year at the time the contract was bid back in
2010 to clean City hall, public service building and the filtration plant areas with no change in
the cost. The contractor has submitted the attached request for exercising the optional year
extension and staff recommends it.
FINANCIAL IMPACT:
The total annual cost of the contract (City Hall, P.D, DPW & Filtration Plant) is $61,788.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approve the one year extension, optional year, with Reliant Professional Cleaning Services
to provide janitorial services until the end of April of 2014 at City Hall, DPW & Filtration.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON JANITORIAL SERVICES 2010-2013
BID TABULATION 03/16/10
RELIANT PROFESSIONAL CLEANING
CONTRACTOR
216 N SEVENTH ST
ADDRESS
GRAND HAVEN MI 49417
ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT
PUBLIC SERVICE BUILDING $ 12,804.00 $ 12,804.00 $ 12,804.00 $ 12,804.00 $ 38,412.00
CITY HALL $ 36,564.00 $ 36,564.00 $ 36,564.00 $ 36,564.00 $ 109,692.00
WATER FILTRATION PLANT $ 12,420.00 $ 12,420.00 $ 12,420.00 $ 12,420.00 $ 37,260.00
ALL SITES $ 61,788.00 $ 61,788.00 $ 61,788.00 $ 61,788.00 $ 185,364.00
CSM SERVICES
CONTRACTOR
3536 HIGHLAND DR.
ADDRESS
HUDSONVILLE MI 49426
ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT
PUBLIC SERVICE BUILDING
INFORMATION NOT PROVIDED BY CONTRACTOR
CITY HALL
WATER FILTRATION PLANT
ALL SITES $ 70,364.00 $ 70,364.00 $ 70,364.00 $ - $ 211,092.00
PROFESSIONAL JANITORIAL SERVICES, INC
CONTRACTOR
1370 WALKER RD
ADDRESS
MUSKEGON MI 49442
ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT
PUBLIC SERVICE BUILDING $ 13,335.24 $ 14,001.96 $ 14,702.04 $ 14,702.04 $ 56,741.28
CITY HALL $ 43,223.40 $ 45,384.60 $ 47,653.80 $ 47,653.80 $ 136,261.80
WATER FILTRATION PLANT $ 16,657.20 $ 17,490.12 $ 18,364.68 $ 18,364.68 $ 52,512.00
ALL SITES $ 73,215.84 $ 76,876.68 $ 80,720.52 $ 80,720.52 $ 230,813.04
EDWARDS JANITORIAL SERVICE
CONTRACTOR
661 SCENIC DR.
ADDRESS
N. MUSKEGON, MI 49445
ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT
PUBLIC SERVICE BUILDING $ 16,157.56 $ 16,157.56 $ 16,157.56 $ 16,157.56 $ 48,472.68
CITY HALL $ 58,208.52 $ 58,208.52 $ 58,208.52 $ 58,208.52 $ 174,625.56
WATER FILTRATION PLANT $ 12,712.00 $ 12,712.00 $ 12,712.00 $ 12,712.00 $ 38,136.00
ALL SITES $ 87,078.08 $ 87,078.08 $ 87,078.08 $ 87,078.08 $ 261,234.24
GOODWILL INDUSTRIES
CONTRACTOR
271 E APPLE AVE
ADDRESS
MUAKEGON MI 49442
ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT
PUBLIC SERVICE BUILDING $ 16,645.44 $ 16,645.44 $ 16,645.44 $ 16,645.44 $ 49,936.32
CITY HALL $ 59,558.52 $ 59,558.52 $ 59,558.52 $ 59,558.52 $ 178,675.56
WATER FILTRATION PLANT $ 17,745.48 $ 17,745.48 $ 17,745.48 $ 17,745.48 $ 53,236.44
ALL SITES $ 93,949.44 $ 93,949.44 $ 93,949.44 $ 93,949.44 $ 281,848.32
HARAMBEE ENTERPRISES, INC.
CONTRACTOR
450 WEST HACKLEY AVE, STE A
ADDRESS
MUSKEGON HEIGHTS MI 49444
ITEM OF WORK YEAR 1 YEAR 2 YEAR 3 YEAR 4 (OPT) TOTAL 3 YR CONTRACT
PUBLIC SERVICE BUILDING
INFORMATION NOT PROVIDED BY CONTRACTOR
CITY HALL
WATER FILTRATION PLANT
ALL SITES $ 191,404.17 $ 191,404.17 $ 191,404.17 $ 191,404.17 $ 574,212.51
Date: March 26, 2013
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City – MDOT Agreement for the reconstruction of:
Laketon Ave. from Wood to Getty
SUMMARY OF REQUEST:
Approve the attached contract with MDOT for the reconstruction of Laketon Ave.
between Wood & Getty and approve the attached resolution authorizing the Mayor
and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT’s participation is limited to the approved federal funds of $313,000. The
estimated total construction cost is $1,394,600 plus engineering cost.
BUDGET ACTION REQUIRED:
none at this time
STAFF RECOMMENDATION:
Approve the attached contract and resolution authorizing the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE
MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
MUSKEGON FOR THE RECONSTRUCTION OF LAKETON AVE. BETWEEN
WOOD & GETTY TOGETHER WITH OTHER NECESSARY RELATED WORK
ITEMS AND AUTHORIZATION FOR MAYOR STEPHEN J. GAWRON AND CITY
CLERK, ANN CUMMINGS, TO EXECUTE SAID CONTRACT
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 13-5050 between the
Michigan Department of Transportation and the City of Muskegon for the
reconstruction of Laketon Ave. between Wood & Getty within the City is in the
best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 13-5050 be and
the same is hereby authorized and approved and the Mayor and Clerk are
authorized to execute said contract for and on behalf of the City of Muskegon.
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
Date: March 26, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Liquor License Request
Pigeon Hill Brewing Company, LLC
500 W. Western Avenue, #1
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Pigeon Hill Brewing Company,
LLC for a new Micro Brewer License with Dance and Entertainment
Permits to be located at 500 W. Western Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Commission Meeting Date: March 26, 2013
Date: March 20, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance
SUMMARY OF REQUEST:
Staff initiated request to amend Section 2326, Off-Street Parking and Loading, of
the Zoning Ordinance to lessen the off-street parking requirements for existing
buildings.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval of the request at their
March 14 meeting.
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
BACKGROUND
1. The Downtown Parking Overlay District allows for lesser parking requirements for businesses
located within its boundaries. This is because of the availability of on-street spaces and public
parking lots.
2. Many of the businesses that are located in older buildings downtown have grandfathered parking
rights and do not have to account for today’s parking standards unless there is a change of use (i.e.
office to retail). However, it would be impossible for some buildings to change use and account for
additional parking requirements, because the buildings are located on parcels that do not have room
for additional parking. The ordinance allows for businesses to get a shared parking agreement with
another parcel with extra parking spaces, as long as it is within 1,000 feet of the new business.
However, this approach is often pointless, because share parking agreements are often obtained with
parking spaces that are not realistically going to be used by the new business. Also, with the
continued development of downtown, parcels with extra parking spaces are becoming rarer.
3. The zoning ordinance was amended 2010 to include part 12.D, which states “In the downtown
parking overlay district only, new businesses that are required to provide 15 parking spaces or less
may forgo the parking requirements if they are locating into a previously existing building. On-street
parking and city-owned parking lots will be used to accommodate the parking requirements.
However, any previously existing parking spaces included with the building space must remain in
place and be used by that business.”
This addition has worked great, as it has allowed numerous retail businesses to locate downtown
without the need to find a shared parking agreement. Also, staff has not heard of any complaints
from the surrounding neighborhoods as a result of this amendment. Staff feels that it would be
beneficial to allow all businesses to follow this guideline, rather than just the smaller businesses.
New buildings would still be required to provide for their parking requirements.
Examples of downtown parking options, including on-street and public and private lots.
Downtown Parking Overlay District
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
12. Downtown Parking Overlay District: A downtown parking overlay district is hereby created as
outlined in Figure 23-2. Within said overlay area is permitted the following: [amended 2/03]
[amended 6/07]
a. In the downtown parking overlay district only, all land uses, except residential, may use on-
street parking for up to thirty percent (30%) of their required parking area.
b. In the downtown parking overlay district, shared parking agreements are encouraged. Parking
areas for other than single or two-family residential uses may be located up to 1,000 feet from
the building they are intended to serve and may be provided in any zoning district except the
R-1 district.
c. In the downtown parking overlay district only, the required number of residential parking
spaces shall be 1.5 per dwelling unit.
d. In the downtown parking overlay district only, new businesses that are required to provide 15
parking spaces or less may forgo the parking requirements if they are locating into a
previously existing building. On-street parking and city-owned parking lots will be used to
accommodate the parking requirements. However, any previously existing parking spaces
included with the building space must remain in place and be used by that business. a change
of use in an existing building will not result in additional parking requirements, unless
an addition is involved.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2326, Off-Street Parking and Loading, of the Zoning Ordinance to
lessen the off-street parking requirements for existing buildings.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
12. Downtown Parking Overlay District: A downtown parking overlay district is hereby created as
outlined in Figure 23-2. Within said overlay area is permitted the following: [amended 2/03]
[amended 6/07]
e. In the downtown parking overlay district only, all land uses, except residential, may use on-
street parking for up to thirty percent (30%) of their required parking area.
f. In the downtown parking overlay district, shared parking agreements are encouraged. Parking
areas for other than single or two-family residential uses may be located up to 1,000 feet from
the building they are intended to serve and may be provided in any zoning district except the
R-1 district.
g. In the downtown parking overlay district only, the required number of residential parking
spaces shall be 1.5 per dwelling unit.
h. In the downtown parking overlay district only, new businesses that are required to provide 15
parking spaces or less may forgo the parking requirements if they are locating into a
previously existing building. On-street parking and city-owned parking lots will be used to
accommodate the parking requirements. However, any previously existing parking spaces
included with the building space must remain in place and be used by that business. a change
of use in an existing building will not result in additional parking requirements, unless
an addition is involved.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Cummings, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
26th day of March, 2013, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2008, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2012. __________________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 26, 2013, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 2326, Off-Street Parking and Loading, of the Zoning
Ordinance to lessen the off-street parking requirements for existing buildings.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2013. CITY OF MUSKEGON
By _________________________________
Ann Cummings, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
8
Date: 3/26/13
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Detective Vehicles
SUMMARY OF REQUEST:
Authorize staff to purchase one (1) Chevy Malibu from Shaheen Chevrolet, the Mi Deal
(state contract) awarded dealership for Chevy and one (1) Ford Fusion From Gorno
Ford, the Mi Deal (state contract) awarded for Ford.
FINANCIAL IMPACT:
$37,969.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase new detective vehicles from Shaheen Chevrolet and Gorno Ford
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Comm agenda item to purchase
new cruisers2013.doc
Date: 03/20/13
Detective Vehicles Name of Bidder Name of bidder Name of Bidder
Requisition: Name of Bidder
Vendor Shaheen Chevy Betten Chevy Gorno Ford Great Lakes Ford
Telephone (517)272-6500 (231)759-3711 (313)319-3431 (231)767-4134
Location Lansing,Mi Muskegon,Mi Woodhaven,Mi Muskegon,Mi
Quoted by Joe Tamburino Paul Grissom Ed Williams Dave Caulkins
Quantity Description Price Price Price Price
1 Chevy Malibu $19,340.00 $19,929.00
1 Ford Fusion $18,629.00 $19,090.00
Low Bid
Joe Buckingham, Equipment Supervisor
Bid Requested by:
Date: March 26, 2013
To: Honorable Mayor and City Commission
From: DPW
RE: Permission to donate a retired Police cruiser to Muskegon Area Career
Tech Center (MACTC)
SUMMARY OF REQUEST:
Authorize staff to donate a retired police cruiser, valued at approximately $3,500 to
MACTC for their training program. The City’s donation, if approved, would be consistent
with the two (2) of the City’s goals;
1- Foster Opportunities for City/community Youth
2- Foster Strong Ties Among Governments and Community Agencies.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Both DPW and the police department are recommending this donation.
COMMITTEE RECOMMENDATION:
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING _____________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: March 14, 2013
RE: Grand Trunk Launch Ramp Dredging
SUMMARY OF REQUEST:
To approve entering into a grant agreement(s) with the Department of Natural Resources for
funding to dredge the channel used for the Grand Trunk Launch Ramp. Also, to authorize
waiving bidding requirements and authorize the Mayor and City Clerk to execute a dredging
contract that is in the best interest of the City.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To enter into grant agreement(s) with the Department of Natural Resources to secure funding
for dredging of the channel used for the Grand Trunk Launch Ramp. Further, to waive any
bidding requirements and formalities and authorize the Mayor and City Clerk to enter into
necessary dredge contracts as deemed in the best interest by the City Manager and City
Attorney.
COMMITTEE RECOMMENDATION:
None.
Bice\AGENDA\GRAND TRUNK LAUNCH RAMP DREDGING 031413
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SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Mr. Michael D Kelly, for the Neighborhood Stabilization
Program (NSP) rehabilitated home at 134 E Isabella. Mr. Kelly will purchase it
for $27,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to close out the
NSP Program.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE PURCHASE OF
CURRENTLY CITY-OWNED PROPERTY AT 134 E ISABELLA
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting
homeownership throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 134 E Isabella Avenue to Michael D Kelly. Mr. Kelly
will purchase the house as an owner-occupied structure.
Adopted this 26th day of March, 2013.
Ayes:
Nays:
By ______________________________
Stephen Gawron, Mayor
By ______________________________
Ann Marie Cummings, MMC City Clerk
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SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between LaQuandra Robinson for the newly constructed home at
605 Jackson, which is part of the City’s Neighborhood Stabilization Program
(NSP) through the Michigan State Housing Development Authority Office of
Community Development and Leverage funds with the HOME Program by
HUD.
FINANCIAL IMPACT: The proceeds from the sale will be returned to the NSP
and HOME Programs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE PURCHASE OF
CURRENTLY CITY-OWNED PROPERTY AT 605 JACKSON AVE.
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting
homeownership throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 605 Jackson Avenue to LaQuandra Robinson. Ms.
Robinson will purchase the house as an owner-occupied structure.
Adopted this 26th day of March, 2013
Ayes:
Nays:
By ______________________________
Stephen Gawron, Mayor
By ______________________________
Ann Marie Cummings, MMC City Clerk
Commission Meeting Date: March 26, 2013
Date: March 20, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Renaissance Zone Development Agreement for
Highpoint Flats
SUMMARY OF REQUEST:
Request to amend the renaissance zone development agreement for the Highpoint Flats apartment
project at 285 W Western Ave, to extend the deadline for the private investment minimums until
12/31/2015.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve renaissance zone development agreement amendment.
COMMITTEE RECOMMENDATION:
None
1
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, is made
as of ___________, 2013 (the "First Amendment"), by and among CITY OF MUSKEGON, a
municipal corporation (the “City”), whose address is 933 Terrace Street, Muskegon, Michigan
49441, and PARKLAND MUSKEGON, LLC, a Michigan limited liability company, whose
address is 940 Monroe Ave NW, Suite 155, Grand Rapids, Michigan 49503 and PARKLAND
MUSKEGON, INC., a Michigan corporation, whose address is 940 Monroe Ave NW, Suite
155, Grand Rapids, Michigan 49503 (collectively, the “Company”).
RECITALS:
WHEREAS, Parkland Muskegon, LLC and the City are parties to a certain Development
Agreement, dated as of September 4, 2007 (the "Development Agreement"). Unless otherwise
defined herein, capitalized terms shall have the meaning given to them in the Development
Agreement; and
WHEREAS, the property subject to the Development Agreement was originally
acquired by Parkland Muskegon, LLC and subsequently transferred to a separate legal entity,
Parkland Muskegon, Inc., in order to complete the proposed project; and
WHEREAS, the parties desire to enter into this First Amendment, for the mutual benefit
of the parties, to add Parkland Muskegon, Inc. as one of the Developers subject to the
Development Agreement; and
WHEREAS, Company and the Authority wish to further amend the Development
Agreement on the terms and conditions set forth in this First Amendment.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. INCORPORATION OF RECITALS AND DEFINED TERMS. The above
recitals are hereby incorporated into this First Amendment as if fully set forth herein.
2. COMPANY AGREEMENT. The following subsections in Paragraph 2 of
the Development Agreement are amended to read as follows:
Redevelopment of the former Hackley Bank Building, at the corner of 1st
2.1
Street and Western Ave in downtown Muskegon, an 8-story structure
constructed in 1916, to be renovated and adaptively reused as 48 market
rate housing units, plus construction of 24 new market rate housing units
added on two levels on the adjacent property, for a total of approximately
72 market rate housing units (the “Project”).
2.2 Private investment in the Project of at least $3,000,000 by 12/31/2015.
2.3 Unless otherwise amended by this First Amendment, the performance of
all other undertakings set forth in the application.
2.4 Unless otherwise amended by this First Amendment, the Company shall
improve the properties and improvements, in accordance with the
Renaissance Zone proposal submitted by Parkland Muskegon, LLC.
3. ADDITION OF DEVELOPER. Parkland Muskegon, Inc. shall be added as a
party to the Development Agreement.
4. EVENTS OF DEFAULT. Paragraph 4 of the Development Agreement is
amended to provide the Company one hundred twenty (120) days to cure an event of default
after receipt of written notice from the City of such act or failure to comply.
5. MISCELLANEOUS.
5.1 Improvements. The Development Plan description included in Exhibit C
of the Development Agreement shall be amended to reflect the project description included in
Section 2.1 above.
5.2 Construction. The terms of this First Amendment amend and modify the
Development Agreement as if fully set forth in the Development Agreement.
5.3 Ratification. All other provisions of the Development Agreement not
specifically modified by this First Amendment are preserved, confirmed and shall remain in full
force and effect.
5.4 Counterparts. This First Amendment may be executed in counterparts,
each of which shall constitute an original although not fully executed, but both of which taken
together shall constitute a single instrument. The signature page of either counterpart may be
detached from the other counterpart without impairing the legal effect of the signatures thereon.
Counterpart signature(s) by facsimile or email, or signatures on facsimile or scanned/emailed
signature page(s) of this First Amendment, are expressly permitted.
IN WITNESS WHEREOF, the parties have caused this First Amendment to be
executed this _____ day of ___________________, 2013, as follows:
CITY OF MUSKEGON,
A MUNICIPAL CORPORATION
________________________________
By:
Its: Mayor
8961755-3
-2-
and_____________________________
, Clerk
PARKLAND MUSKEGON, LLC
________________________________
By: Jon Rooks
Title: Member
PARKLAND MUSKEGON, INC.
________________________________
By: Jon Rooks
Title: President
8961755-3
-3-
Commission Meeting Date: March 26, 2013
Date: March 15, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: S.S. Milwaukee Clipper- Letter of Support
SUMMARY OF REQUEST: The S.S. Milwaukee Clipper Preservation,
Inc. Board is seeking approval from the County of Muskegon to relocate
to a permanent location at Heritage Landing. The Board is requesting a
letter of support from the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To authorize the Mayor to send a letter
of support to the S.S. Milwaukee Clipper Preservation, Inc. Board to
relocate to Heritage Landing, providing a suitable location is identified.
COMMITTEE RECOMMENDATION: None.
PROCLAMATION
SCHOOL SPIRIT
CITY OF MUSKEGON
WHEREAS, the City of Muskegon seeks to showcase and promote the
traditions and school spirit that surround our community; and
WHEREAS, the City of Muskegon recognizes that the wearing of school
colors symbolizes the enduring bond among all those whose lives, minds,
and personal achievements have been influenced by the quality and spirit of
their school; and
WHEREAS, our youth are our most precious resource, and we must
encourage them to become strong, productive, and caring people; and
WHEREAS, Muskegon Area Schools are rooted in our history and
tradition;
NOW, THEREFORE BE IT RESOLVED that the City of Muskegon
Commissioners do hereby proclaim that the citizens of the City of Muskegon
be encouraged to promote community pride by wearing school colors the
first Friday of each month
Witnessed this 26th day of March 2013.
________________________
Stephen J. Gawron
Mayor