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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 30, 2015
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, June 30, 2015.
Pastor Matt Sharp opened the meeting with prayer, 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 Rinsema-Sybenga, Turnquist, Johnson, and German, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch. Commissioner Hood arrived at 5:50 p.m.
2015-45 INTRODUCTIONS/PRESENTATION:
A. New Water Filtration Plant Superintendent – Michael Greiner was
introduced by Mohammed Al-Shateel as the new Water Filtration Plant
Superintendent.
2015-46 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the June 8th Commission
Worksession Meeting, and the June 9th City Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Micro Brewer – Pigeon Hill Brewing Co., LLC. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Pigeon Hill Brewing Co., LLC, for a Micro
Brewer License to be located at 435-441 W. Western Avenue.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
C. Aloha Hawaiian Shave Ice Concession Contract for City of Muskegon
Parks. PUBLIC WORKS
SUMMARY OF REQUEST: Staff is asking permission to enter into a one-year
contractual agreement with David Gelderloos of Aloha Hawaiian Shave Ice, at
various City of Muskegon Parks/Facilities, located within the City of Muskegon,
and as determined by staff, to sell shaved ice from a mobile trailer.
FINANCIAL IMPACT: Concession revenue is 10% of gross receipts. Commission
revenue is unknown at this time as this is the first year in business for the
Concessionaire at City of Muskegon Parks.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize DPW staff to enter into concession
agreement with David Gelderloos of Aloha Hawaiian Shave Ice.
D. One Way Front Snow Plow. PUBLIC WORKS
SUMMARY OF REQUEST: Authorize staff to purchase two Henderson One Way
Front Snow Plows as per our specification. This authorization is being sought
because our previous purchase was cancelled due to two of the three plows
not meeting our specification and we declined to accept the plows.
FINANCIAL IMPACT: These units have a Net price of $6706.50 per unit, for a total
of $13,413.00 for this purchase.
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase two One Way Front Snow
Plows by Henderson Manufacturing, from Arista Truck Systems of Grand Rapids,
MI, as a sole source area supplier for these units.
F. Upgrade Access Card System for City Facilities. PUBLIC WORKS
SUMMARY OF REQUEST: Currently, public works uses three different software
programs at various facilities to provide access for employees and for
timekeeping. These systems are not compatible, are outdated and unreliable.
Staff is requesting permission to purchase/upgrade its access card system at the
Water Filtration Plant, the landfill gate and the time clock at the public service
building to consolidate all systems into one program. Midstate Security provided
the only bid at $19,338.13 that will accomplish this goal and is the current
provider for city hall and public service building doors and gates.
FINANCIAL IMPACT: $19,338.13. Expenditures would come from the Water
Filtration and PSB Budgets.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to contract with Midstate Security for
access and time clock system upgrades for $19,338.13.
G. Approval of Bid Award for 1477 Nolan. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the bids and award the Building Contract
for the construction of a single family dwelling at 1477 Nolan to Holden
Construction for the City of Muskegon’s HOME Program through CNS.
CNS received three bids. The cost estimate from our architect was $159,850.
FINANCIAL IMPACT: The funding for this project has been secured through the
HOME program 2014 grant allocation.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To award Curtis Holden the building construction
contract for 1477 Nolan, in the amount of $140,027.
H. Assignment of the Water Supply Agreement. PUBLIC WORKS
SUMMARY OF REQUEST: Assign the water supply agreement the City has with
Norton Shores/Fruitport Township to the newly formed authority, West Michigan
Regional Water Authority. Thus making the agreement between the City of
Muskegon and the West Michigan Regional Authority. The assignment would in
no way alter or modify any other parts of the signed agreement.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Assign the agreement to the West Michigan
Regional Water Authority instead of Norton Shores/Fruitport Township.
I. City-County Human Resources Agreement. CITY MANAGER
SUMMARY OF REQUEST: The City currently contracts with Muskegon County for
the provision of human resources services. This program is administered by the
County Human Resources Department. The Agreement is set to expire June 30,
2015. City staff is requesting that the City Commission extend the agreement for
five years to June 30, 2020. All terms of the agreement would remain the same,
with the exception of the annual fee for the service – which will increase from
$75,000 to $82,500.
FINANCIAL IMPACT: $7,500 annual increase over the current contract.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request and authorize the Mayor
and Clerk to sign an agreement.
J. City’s Policy with Respect to Freedom of Information Act Requests. CITY
CLERK
SUMMARY OF REQUEST: To approve the City’s policy with respect to FOIA
requests to comply with State law.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to accept the
Consent Agenda as read.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Spataro
Nays: None
MOTION PASSES
2015-47 ITEMS REMOVED FROM CONSENT AGENDA:
E. Installation of Decorative Fence at St. Joseph Park. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: Community and Neighborhood Services requests
authorization to assist Blight Fight efforts in our target area for the St. Joseph Park,
located on Monroe Avenue between 4th and 5th Streets, to install a 6 foot
decorative fence (similar to the fence at Heritage Landing). The fence is
estimated at 358 feet, and will enclose the park along three sides with a gate to
allow access for DPW and other maintenance assistance. Hoping to deter
criminal activity and beautify the neighborhood park, we applied for the Nelson
Neighborhood Improvement Association grant to improve neighborhood
conditions, create opportunities for neighbors and support safe environments at
a 50% match; the lowest bid submitted is $15,740.
FINANCIAL IMPACT: The old fence has since been removed and the cost of
the new fence will be shared between the Nelson Neighborhood Improvement
Association (NNIA) and the City of Muskegon Blight Fight Grant at a cost of
$7,870 each.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the purchase of the fencing for St.
Joseph Park.
COMMITTEE RECOMMENDATION: Blight Fight committee has applied for a grant
to be combined with the CDBG funds as a public service activity to promote a
safer playground.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German
to approve the purchase of the fencing for St. Joseph Park in the amount of
$15,740.
ROLL VOTE: Ayes: Johnson, Gawron, Spataro, German, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
2015-48 NEW BUSINESS:
A. Fourth Quarter 2014-15 Budget Reforecast. FINANCE
SUMMARY OF REQUEST: At this time staff is transmitting the Fourth Quarter 2014-
15 Budget Reforecast which outlines proposed changes to the budget that have
come about as result of changes in revenue projections, policy priorities, labor
contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: Significant fourth quarter proposed adjustments to the
budget are as follows:
General Fund revenues are reforecast to be $149,000 higher than
the third quarter reforecast.
General Fund expenditures are estimated to be $322,500 higher
than the third quarter reforecast. The significant changes include; 1)
transfer of $150,000 from the General Fund to the Local Streets Fund,
2) transfer of $60,000 from the General Fund to the Engineering
Services Fund and, 3) environmental services expenditures
increased by $94,000.
There are relatively minor changes proposed within the budgets of
some of the other budgeted funds.
BUDGET ACTION REQUIRED: City Commission approval of this reforecast will
formally amend the City’s 2014-15 budget.
STAFF RECOMMENDATON: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Johnson to approve
the budget reforecast.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
B. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1221 Sanford Street
1075 Washington Avenue
407 Marquette Avenue
1357 7th Street
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder or staff may issue infraction tickets to the owner, agent or responsible
party if they do not demolish the structure.
FINANCIAL IMPACT: CDBG or General Funds for 1221 Sanford St., 1075
Washington, and 1357 7th Street. General funds for 407 Marquette.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Vice Mayor Spataro, second by Commissioner German to concur
with the Housing Board Appeals notice and order to demolish 1221 Sanford, 1075
Washington, and 1357 7th Street.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Spataro, and
German
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
concur with the Housing Board Appeals notice and order to demolish 407
Marquette.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, German, Rinsema-Sybenga,
Turnquist, and Johnson
Nays: None
MOTION PASSES
C. Legal Services. CITY MANAGER
SUMMARY OF REQUEST: The Commission requested staff solicit proposals for
legal and prosecution services for the upcoming five year period. This effort was
undertaken in June. Six proposals were received as part of the process. A team
consisting of City staff, the Vice Mayor, and Commissioner Johnson met to
review the merits of the proposals. The committee recommended that the
proposal submitted by Parmenter O’Toole be submitted to the City Commission
as the preferred service provider for both general legal and prosecution
services.
Staff is asking the Commission to authorize staff to negotiate a five-year
agreement for general legal and prosecution services with Parmenter O’Toole.
FINANCIAL IMPACT: $300,000 annually
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize staff to negotiate a five-year
agreement for general legal and prosecution services with Parmenter O’Toole.
COMMITTEE RECOMMENDATION: To authorize staff to negotiate a five-year
agreement for general legal and prosecution services with Parmenter O’Toole.
Motion by Commissioner Johnson, second by Commissioner Hood to negotiate
5-year proposal with Parmenter O’Toole for legal and prosecution services.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro.
Nays: None
MOTION PASSES
D. LC Walker Arena Flooring – Turf. CITY MANAGER
SUMMARY OF REQUEST: City staff has been working with area management,
event planners, and potential tenants to better utilize the arena as a year-round
facility that hosts a variety of sporting events outside of hockey. Before any non-
ice events can be booked, we first need to address our alternate flooring needs.
Those needs include a subfloor, a wooden court, and a field turf.
Staff has received approval from the County Accommodations Tax Advisory
Committee that the group will fund the new subfloor, at a cost of $140,000. Staff
is also seeking a partner to assist with the cost of the wooden court, which will
likely exceed $75,000.
City staff is asking the Commission to approve up to $30,000 for the purchase of
a used turf floor to accommodate indoor activities requiring the use of turf –
football, lacrosse, soccer, etc.
FINANCIAL IMPACT: Up to $30,000 for FY 14-15
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga
to approve up to $30,000 for the purchase of a used turf floor to accommodate
indoor activities requiring the use of turf.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:45 p.m.
Respectfully submitted,
Ann Marie Meisch, MMC
City Clerk
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