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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.
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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
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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.
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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
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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.
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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
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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
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