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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 14, 2012
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. Non-Discrimination Resolution. CITY MANAGER
C. Water Treatment Plant Sluice Gate Repair. PUBLIC WORKS
D. Engineering Services Agreement for Environmental Reports.
ENGINEERING
E. Purchase of Concrete Saw. PUBLIC WORKS
F. Liquor License Request from Muskegon Nights, Inc., 939 Third Street.
CITY CLERK
G. Grant Application for Fisherman’s Landing. FINANCE
H. Lakeshore Museum Loan Agreement (LaFrance Fire Truck). PUBLIC
SAFETY
I. 2012-2013 Muskegon High School Community Officer Agreement.
PUBLIC SAFETY
J. New Cingular Wireless Second Amended Tower Lease Agreement.
PUBLIC wORKS
PUBLIC HEARINGS:
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Sale of 2265 Lincoln Street. COMMUNITY & NEIGHBORHOOD SERVICES
B. Appointment of Vice Mayor. CITY MANAGER
C. Water Supply Agreement. CITY MANAGER
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: August 14, 2012
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the July 23rd Special
Commission Meeting and the July 24th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
Special City Commission Meeting
July 23, 2012
City Commission Chambers
5:30 PM
MINUTES
2012-57
Present: Commissioners Gawron, Hood, Wierengo, German, Turnquist, and Spataro.
Absent: None.
Interviews for Vacant At-Large City Commission Seat.
The City Commission accepted letters of interest from residents interested in filling the vacant
seat of the At-Large City Commission seat that expires December 31, 2013.
All interested candidates were interviewed. They are as follows: Bill Larson (5:30 p.m.), Chris
Cater (5:50 p.m.), Ruby Clark (6:00 p.m.), Lea Markowski (6:30 p.m.), Dyllon Hock (6:45 p.m.),
Kevin Yeck (7:05 p.m.), and Hugh Kallen (7:30 p.m.).
City Manager, Bryon Mazade asked the following questions on behalf of the City Commission:
Please provide the City Commission with your background as it relates to the position of
City Commissioner.
Why do you want to be a City Commissioner?
What do you believe should be the goals/priorities for the City of Muskegon? What
would be the best way to accomplish them?
What types of community involvement have you participated in?
Mayor Gawron gave the City Commissioners the opportunity to ask questions of the candidates.
After interviews were completed, the City Commission was allowed to vote for their top three
choices. They were scored as follows: first choice - 3, second choice – 2, third choice – 1.
The results were as follows:
Markowski – 13
Carter – 6
Kallen – 6
Yeck – 2
Hock – 2
Larson – 1
Clark – 1
This item has been placed on the July 24, 2012 City Commission Meeting for consideration by
City Commissioners.
Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Spataro to adjourn the
meeting at 8:20 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 24, 2012
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, July 24, 2012.
Mayor Gawron opened the meeting with a prayer from Reverend David
Dahlberg 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, Commissioners Byron Turnquist, Eric Hood,
Lawrence Spataro, Willie German, and Sue Wierengo, City Manager Bryon
Mazade, City Attorney John Schrier, and City Clerk Ann Marie Cummings.
2012-58 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the July 9th Commission
Worksession Meeting and the July 10th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Appointment to Housing Commission. CITY MANAGER
SUMMARY OF REQUEST: To appoint Rosie Walker to the Housing Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the appointment.
C. Approval of the Use and Maintenance of City Owned Property at 1278
Terrace Street to be Combined with the Existing Lease Agreement with
McLaughlin Neighborhood Association. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To add 1278 Terrace (City owned lot) to the existing
lease agreement that the City has with McLaughlin Neighborhood Association.
The properties are contiguous. They intend to use the property for a park
and garden.
1
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize both the
Mayor and the Clerk to sign it.
D. Consideration of Bids for H-1645 Bourdon Street, Fair to Lakeshore Drive.
ENGINEERING
SUMMARY OF REQUEST: Award the reconstruction of the Bourdon contract to
McCormick Sand since they were the lowest responsible bidder with a total bid
price of $285,734.
FINANCIAL IMPACT: The construction cost of $285,734 plus engineering.
BUDGET ACTION REQUIRED: The water cost will have to be added to the Water
budget under CIP for 2012/2013 from the “various upgrades” line item.
STAFF RECOMMENDATION: Award the contract to McCormick Sand.
E. Consent Special Assessment Agreement with Harbour Towne Condo.
Association to Pave Harbour Towne Circle and Cul-de-Sacs.
ENGINEERING
SUMMARY OF REQUEST: Approve the consent special assessment agreement
with Harbour Towne Condo. Association to mill and resurface all public roads
within the Harbour Towne area as described in the proposed agreement, and
authorize the Mayor and Clerk to execute said agreement.
FINANCIAL IMPACT: The total cost of the construction project, including
engineering, less the association’s contribution.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the agreement with Harbour Towne
Condominium Association and authorize the Mayor and Clerk to sign off on said
agreement.
Motion by Commissioner German, second by Commissioner Wierengo to
approve the Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Wierengo, and Turnquist
Nays: None
MOTION PASSES
2012-59 NEW BUSINESS:
A. Consideration of Bids for H-1691 Williams’ Street Outfall, North of White
Street. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to award and enter into a construction
contract with the lowest responsible bidder, Jackson-Merkey with a bid amount
of $106,320 to reestablish the Williams’ Street outfall.
FINANCIAL IMPACT: The construction cost of an estimated bid of $106,000
2
plus construction engineering.
BUDGET ACTION REQUIRED: If approved, the adopted 2012/2013 budget will
have to be amended to add this project into the 2012/2013 CIP.
STAFF RECOMMENDATION: Authorize staff to enter into a construction contract
with Jackson-Merkey who was the lowest responsible bidder due to the urgent
nature of the required repairs.
Motion by Commissioner Spataro, second by Commissioner Turnquist to approve
the bids for H-1691 Williams’ Street Outfall, North of White Street to Jackson-
Merkey who is the lowest responsible bidder.
ROLL VOTE: Ayes: Hood, Spataro, German, Wierengo, Turnquist, and Gawron
Nays: None
MOTION PASSES
B. Consideration of Bids for H-1639 Harbour Towne Circle and Cul-de-
Sacs. ENGINEERING
SUMMARY OF REQUEST: Given the City’s local preference policy of 1%
advantage to local contractors: Award the milling and resurfacing of Harbour
Towne Circle to Asphalt Paving out of Muskegon for a proposed price of
$225,290.94. Furthermore, if approval is granted, it should be contingent on the
Harbour Towne Association signing the consent special assessment agreement
by which they are responsible for up to 20% of the total cost. Asphalt Paving
was the third lowest bidder.
FINANCIAL IMPACT: The construction cost of $225,290.94 plus engineering.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Contingent award to Asphalt Paving.
Motion by Commissioner Wierengo, second by Commissioner Spataro to award
the paving of Harbour Towne Circle and Cul-de-Sacs to Asphalt Paving.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Gawron, and Hood
Nays: None
MOTION PASSES
C. Police Patrol Labor Agreement. CITY MANAGER
SUMMARY OF REQUEST: To ratify a collective bargaining agreement with the
Police Officers Labor Council (Police Patrol Union) for years 2012 and 2013.
FINANCIAL IMPACT: Provided in separate summary.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request and authorize the Mayor
and Clerk to execute the agreement.
Motion by Commissioner Hood, second by Commissioner German to approve
3
the collective bargaining agreement with the Police Officers Labor Council for
2012 and 2013.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Gawron, Hood, and Spataro
Nays: None
MOTION PASSES
D. Emergency Pump Repair/Replacement of Apple Avenue Lift Station.
ENGINEERING
SUMMARY OF REQUEST: Authorize Staff to purchase one new 15 HP Flygt
Submersible Sewage Pump from Kennedy Industries for the quoted price of
$10,360.
FINANCIAL IMPACT: Total cost $10,360.
BUDGET ACTION REQUIRED: None, expenditures for the purchase would come
from the Sewer Fund.
STAFF RECOMMENDATION: Approve purchase.
Motion by Commissioner Wierengo, second by Commissioner German to
approve the purchase of the new pump.
ROLL VOTE: Ayes: Wierengo, Turnquist, Gawron, Hood, Spataro, and German
Nays: None
MOTION PASSES
E. Appointment of City Commissioner. CITY MANAGER
Motion by Commissioner Spataro, second by Commissioner Wierengo to
appoint Lea Markowski to fill the vacant Commission At-Large seat.
ROLL VOTE: Ayes: Turnquist, Gawron, Hood, Spataro, German, and Wierengo
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 5:46 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
4
AGENDA ITEM NO. ___________________
CITY COMMISSION MEETING August 14, 2012
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: July 25, 2012
RE: Non-Discrimination Resolution
SUMMARY OF REQUEST:
To approve a resolution prohibiting discrimination on the basis of sexual orientation or gender
identity.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
None.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\NON-DISCRIM RSLUTN 072512
Date: August 14, 2012
To: Honorable Mayor and City Commissioners
From: DPW/Filtration
RE: Water Treatment Plant Sluice Gate Repair
SUMMARY OF REQUEST: Authorize staff to enter into contract with
Northwest Kent Mechanical Co. to repair the clearwell sluice gate for
a cost of $10,600.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION: To contract with the lowest
responsible bidder, Northwest Kent Mechanical Co. at cost of
$10,600, for repair of the Water Treatment Plant clearwell #2 sluice
gate.
Date: 7/31/2012
To: DPW Director
From: Water Filtration Plant Staff
Re: Sluice Gate Repair in Clearwell #2.
_______________________________________________
From inspections of the clearwell completed in 2010, the gate (valve) separating
the finished water storage reservoir (clearwell) #2 & 3 needs replacing. Repair of
the valve will allow staff to isolate sections of the finished water storage tank for
future inspections and repairs to each section, and maintain enough storage
capacity for reliable operations. The work can be completed after the summer
season, when the water demand is reduced and the tank can be removed from
service. Staff anticipates this to be done in September.
The work is proposed by the three contractors listed. The lowest responsible
bidder is Northwest Kent Mechanical Co. for $10,600.
PO Box 216K $10,600
Northwest Kent
4095 16 mile rd
Mechanical Co.
Cedar Springs, MI 49319
Franklin Howerda Co. PO Box 9100 $14,300
2509 29th st SW
Wyoming, MI 49519
Allied Mechanical Serv., 3380 Highland Dr. $15,500
Inc. Hudsonville, MI 49426
Sluice Gate 2-3
Staff recommends awarding the work to the lowest
responsible bidder, Northwest Kent Mechanical Co. for
$10,600.
Date: August 14, 2012
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Engineering Services Agreement for Environmental Reports
SUMMARY OF REQUEST:
Accept the attached proposal from Westshore Engineering to prepare the necessary
closing documents for the public Service Building and Hartshorne Marina to get both
locations off of the open Leaking Underground Storage Tank sites. The proposed costs
are; $8,710.00 for the PSB and $14,560.00 for the Marina Site.
FINANCIAL IMPACT:
The total cost of $23,270.00
BUDGET ACTION REQUIRED:
none
STAFF RECOMMENDATION:
Accept proposal from Westshore Engineering for $23,270.00 to prepare the closing reports.
COMMITTEE RECOMMENDATION:
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Comm agenda item engineering
proposal-Westshore to prepare closing reports for Hartshorne-PSB 8-14-2012.doc
Date: 8/14/2012
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: Purchase of Concrete Saw
SUMMARY OF REQUEST:
Authorize staff to purchase Husqvarna FS 4800 walk behind concrete saw from J & J
Farms who submitted the lowest bid, see attached tabulation.
FINANCIAL IMPACT:
$21,954.00
BUDGET ACTION REQUIRED:
None. Amount is under what was budgeted.
STAFF RECOMMENDATION:
Authorize staff to purchase new concrete saw from J&J Farms who was the lowest
responsible bidder.
COMMITTEE RECOMMENDATION:
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\Comm agenda item to
purchaseconcrete saw 2012.doc
Date: 08/08/12
Concrete Saw Name of Bidder Name of bidder Name of Bidder
Requisition:
Vendor J&J Farm Sales Hammersmith Fastenal
Telephone (231)744-7140 (616)452-2400 (231)727-0568
Location Twin Lake, Mi Grand Rapids Muskegon
Quoted by Scott Steve Spruit Jason
Quantity Description Price Price Price
1 Husqvarna Concrete Saw $21,954.00 $23,000.00 $22,900.00
TOTAL BID $21,954.00 $23,000.00 $22,900.00
Lowest bid $21,954.00
Joe Buckingham, Equipment Supervisor
Bid Requested by:
Date: August 14, 2012
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Liquor License Request
Muskegon Nights, Inc.
939 Third Street
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Muskegon Nights, Inc., 939
Third Street to transfer shares of stock to new stockholder.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Date: August 14, 2012
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Grant Application for Fisherman’s Landing
SUMMARY OF REQUEST: The City is seeking this grant from the Great Lakes
Fisheries Trust (GLFT) for Fisherman’s Landing for the purpose of: a) renovating badly
deteriorated restroom facilities to comply with ADA standards and, b) providing increased
opportunities for bikers, trail users and the general public to more fully utilize the facility by
adding a fishing pier, trail spur and other amenities.
The restrooms at Fisherman’s Landing were cited in a Department of Justice ADA audit
conducted in 2008. The City has since entered into a settlement agreement with DOJ to
remedy these audit findings over time.
FINANCIAL IMPACT: The total project cost is estimated to be $200,000 (see
attached). There is no required local match. A project budget follows:
BUDGET ACTION REQUIRED: If the City is awarded the GLFT grant, it will be
programmed into the 2013-14 budget.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: None.
EXISTING
PROPOSED
SHEET NO.
ACI JOB #
SHEET TITLE:
SCALE:
DATE:
QA/QC:
REVIEW:
DRAWN:
DESIGNER:
12-0000
Confidence By Design
A1.1
As Noted
JDB
2012
JMS
95
95 West Main Street
Main Street
Manistee, MI
Manistee, MI
Benton Harbor, MI 49022
Harbor
South Haven, MI
T 269.927.2295
South Bend, IN
F 269.927.1017
Fort Wayne, IN
COPYRIGHT 2011 - ABONMARCHE CONSULTANTS, INC.
Commission Meeting Date: August 14, 2012
Date: August 6, 2012
To: Honorable Mayor and City Commission
From: Public Safety Office
RE: 2012 – 2013 Muskegon High School Community Officer
Agreement
_____________________________________________________________________
SUMMARY OF REQUEST: To approve the 2012 – 2013 Muskegon High
School Community Officer Agreement. This agreement provides
Muskegon High School with a Community Officer during the nine months
school is in session.
FINANCIAL IMPACT: Muskegon Public Schools agrees to pay the City of
Muskegon $2,121.80 each month, from September 2012 through May
2013.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the 2012 – 2013 Muskegon High
School Community Officer Agreement.
Commission Meeting Date: August 14, 2012
Date: August 7, 2012
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Sale of 2265 Lincoln Street
SUMMARY OF REQUEST: To approve the sale of 2265 Lincoln Street
to Lindsey J Dutkiewicz for the purchase price of $ 45,000.00 through
the City of Muskegon’s Homebuyer Program.
Originally obtained through HUD’s 1$ Program, the CNS department
totally rehabilitated the structure to continue neighborhood revitalization
and stabilization.
FINANCIAL IMPACT: The program income obtained from the sale will
be used to continue affordable housing projects in the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to sell this home
and provide a resolution for the purchase.
COMMITTEE RECOMMENDATION: None needed
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE PURCHASE OF
CURRENTLY CITY-OWNED PROPERTY AT 2265 LINCOLN STREET
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 2265 Lincoln Street to Lindsey Dutkiewicz of 5075
Hillview Drive, Muskegon, MI 49441. Miss. Dutkiewicz will purchase the
house as an owner-occupied structure.
Adopted this 14th day of August, 2012.
Ayes:
Nays:
By ______________________________
Stephen J. Gawron, Mayor
By ______________________________
Ann Marie Cummings, MMC City Clerk
AM_Resolution
AGENDA ITEM NO. ________________
CITY COMMISSION MEETING _________________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: August 6, 2012
RE: Appointment of Vice Mayor
SUMMARY OF REQUEST:
To appoint a Vice Mayor who will serve through December 31, 2013.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To appoint a Vice Mayor.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\APPT OF VICE MYR 080612
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING August 14, 2012
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: July 31, 2012
RE: Water Supply Agreement
SUMMARY OF REQUEST:
To approve a water supply agreement with the City of North Muskegon, City of Roosevelt
Park, and County of Muskegon. This action will create a single agreement for the City of
Muskegon to supply water to these customers at a uniform rate.
FINANCIAL IMPACT:
May be a minor loss in revenue initially, but the agreement will provide long-term financial
stability.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the agreement and authorize the mayor and clerk to sign it.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\WATER SUPPLY AGRMNT NM, RP, CNTY 073112